An uncontested divorce in California is one where both spouses agree on every issue — the divorce itself, property and debt division, and if applicable, child custody and support. It’s the fastest and cheapest path available: no disputes means no litigation, no hearings, and no lawyer fees.
But “uncontested” has a legal meaning that surprises many people — a spouse who simply never responds is NOT the same thing. Here’s what qualifies, what it costs, and how to complete one.
Quick Answer: California Uncontested Divorce
- Definition: both spouses agree on ALL terms — property, debts, custody, and support
- Cost: the 435 USD filing fee (waivable) plus 0–125 USD for service — typically under 600 USD total
- Timeline: the divorce can’t be final until 6 months + 1 day after service, even when you agree on everything
- Key requirement: a signed marital settlement agreement and a judge-signed judgment (FL-180)
- Lawyer not required — thousands of couples complete uncontested divorces themselves every year
Verified against official sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Family Code §2339(a), §2340–2342. Verified for January 2026.
What Makes a Divorce “Uncontested” in California
Both conditions must be true:
- Both spouses want the divorce — or at minimum, the responding spouse doesn’t fight the divorce itself
- Both spouses agree on every term:
- How all property is divided (house, cars, accounts, belongings)
- Who pays which debts
- Child custody and visitation (if there are children)
- Child support and spousal support (if applicable)
Uncontested vs. Default vs. Contested — the distinction that matters
| Type | Spouse responds? | Spouse agrees on terms? | What happens |
|---|---|---|---|
| Uncontested | Yes (or by written agreement) | Yes | You submit a settlement agreement and judgment together |
| Default with agreement | No response after 30 days | Yes, worked out between you | One spouse files everything, court approves |
| Default without agreement | No response | No | Court decides based on what the filing spouse requests |
| Contested | Yes | No | Court hearings, discovery, potentially trial |
⚠️ A spouse who never responds creates a default case — not an uncontested one. The paths overlap (both end without a trial), but the paperwork and procedures differ. This guide covers the true uncontested path: both spouses participate.
→ For the default path in detail: How to Serve Divorce Papers in California
The 6 Requirements for an Uncontested Divorce
- Residency — you or your spouse has lived in California for at least 6 months, and in your filing county for at least 3 months (Family Code §2320)
- Irreconcilable differences — California is purely no-fault; this is the only grounds you need
- A written agreement on everything — no open issues, no “we’ll figure out the house later”
- Full financial disclosure — yes, even when you agree. Both spouses must exchange declarations of assets, debts, income, and expenses (FL-142/FL-150). A judge can set aside a settlement later if disclosures were incomplete
- The 6-month waiting period satisfied — the judgment cannot be entered until 6 months + 1 day after the respondent was served (Family Code §2339(a)) — no exceptions, even for the friendliest divorces
- A signed marital settlement agreement — your terms in writing, signed by both spouses, attached to the judgment
The Forms You Need
| Form | Name | Filed by |
|---|---|---|
| FL-100 | Petition — Marriage/Domestic Partnership | You (petitioner) |
| FL-110 | Summons | You |
| FL-120 | Response | Your spouse |
| FL-115 | Proof of Service of Summons | Your server |
| FL-140 | Declaration Regarding Service of Declaration of Disclosure | Both |
| FL-142 / FL-143 | Schedule of Assets and Debts / Declaration | Both |
| FL-150 | Income and Expense Declaration | Both (if support or children involved) |
| FL-180 | Judgment | You, at the end |
| FL-190 | Notice of Entry of Judgment | You, at the end |
All forms are free from the Judicial Council. Full explanations in What Forms Do You Need to Get a Divorce in California?
Step by Step: Completing an Uncontested Divorce
Step 1: Fill out and file the initial forms
Complete FL-100 and FL-110 and file them with your county superior court — 435 USD in most counties, waivable if you qualify.
→ Detailed walkthrough: How to File for Divorce in California (2026) → Fee waiver: How to Get a Divorce Fee Waiver in California (Form FW-001)
Step 2: Serve your spouse
Someone 18+ who isn’t you delivers the papers, and your spouse signs the FL-117 acknowledgment or the server completes the FL-115. Your spouse then files their FL-120 Response — or, in many uncontested cases, simply signs a written agreement not to respond at all.
→ Full serving guide: How to Serve Divorce Papers in California
Step 3: Exchange financial disclosures
Both spouses complete and exchange FL-140, FL-142/143, and FL-150. This is mandatory in every divorce — skipping it is the most common DIY mistake and can invalidate your judgment later.
Step 4: Write and sign your marital settlement agreement
This document converts your handshake agreements into legal terms: property division, debt allocation, custody, and support. You can draft it yourselves, use a mediator, or have a limited-scope attorney review it — a middle option that costs far less than full representation. Both spouses sign it.
Step 5: Prepare and file the judgment (FL-180)
Attach the settlement agreement, complete the judgment forms (FL-180, FL-190, and the judgment attachments matching your situation), and file them — no court hearing needed in most uncontested cases. The judge reviews and signs.
Step 6: The divorce becomes final
The judgment is effective 6 months and 1 day after your spouse was served — not 6 months from filing. If service happened three weeks after filing, your earliest possible final date shifts by those three weeks.
→ The full timeline math: How Long Does a Divorce Take in California? (The 6-Month Rule Explained)
What an Uncontested Divorce Costs
| Item | Cost |
|---|---|
| Court filing fee | 435 USD (waivable) |
| Process server (or free by mail with FL-117) | 0–125 USD |
| Mediator for the settlement agreement (optional) | typically 1,000–3,000 USD total if used |
| DIY total without mediator | 435–560 USD |
Compare: contested California divorces with attorneys routinely exceed 15,000 USD per spouse. Full comparison: How Much Does a Divorce Cost in California?
And if you’re handling the whole case yourselves: How to Get a Divorce in California Without a Lawyer covers the complete DIY process.
The Fastest Realistic Timeline
Day 0: File the petition
Day 1–14: Serve your spouse
Day 30: Response window passes / FL-120 filed
Weeks 4–8: Disclosures exchanged, settlement agreement signed
6 months Judgment effective — marriage legally over
+ 1 day
after service
The practical bottleneck for most couples: drafting the settlement agreement. Couples who agree verbally but delay putting it in writing are the ones whose divorces stretch past the 6-month minimum.
The 3 Mistakes That Turn Uncontested Divorces into Problems
- Incomplete disclosures. Even amicable spouses must fully disclose. A settlement can be challenged years later if one spouse hid an asset — trust is not a substitute for the forms.
- Vague agreement terms. “We’ll split everything fairly” is not an enforceable term. List each asset and debt by name, account, and value. Specificity is what makes the agreement court-proof.
- Assuming “no response needed” means “nothing to file.” If your spouse files nothing at all, confirm which path you’re on — default procedures differ from uncontested ones, and using the wrong forms delays the judgment.
Do You Need a Lawyer for an Uncontested Divorce?
Not legally — and many couples don’t use one. The honest guidance:
- ✅ No lawyer needed: both spouses fully agree, finances are simple, no children or full agreement on all child issues
- ⚠️ Consider a mediator (1,000–3,000 USD): you agree on the big picture but need help structuring terms — still vastly cheaper than two lawyers
- ⚠️ Consider a limited-scope attorney: pay only for reviewing your settlement agreement — often a few hundred USD — before signing it
- ❌ Get proper legal advice: complex assets, a business, pensions, or any power imbalance between spouses
The procedural side is very DIY-friendly: court self-help centers and the Family Law Facilitator review your forms for free in every county.
Frequently asked questions
How long does an uncontested divorce take in California?
The minimum is 6 months and 1 day from the date your spouse was served — set by Family Code §2339(a), with no exceptions. Filing the paperwork faster doesn’t shorten it; the clock starts at service, not filing.
How much does an uncontested divorce cost in California?
The filing fee is 435 USD in most counties (waivable with FW-001), plus 0–125 USD for service — typically under 600 USD total doing it yourself. A mediator for the settlement agreement adds roughly 1,000–3,000 USD if you use one.
Do both spouses have to file anything in an uncontested divorce?
The responding spouse files the FL-120 Response in a standard uncontested case. Alternatively, they may sign a written waiver not to respond, and the case proceeds on the agreed settlement — your court self-help center can explain which route fits your situation.
Can we get divorced in California without going to court?
Almost entirely. You file documents with the court and your spouse is served, but uncontested cases typically require no hearings — the judge reviews and signs the judgment paperwork directly. Some counties may call you in briefly if the judge has questions.
What if we agree on everything except one issue?
Then the divorce is not fully uncontested — but you don’t need full litigation. Mediation resolves single disputed issues for a fraction of contested-case costs. Everything you’ve agreed on stays locked in writing while the one issue is resolved.
Does California require separation before an uncontested divorce?
No. California has no legal separation waiting period before filing — the only mandatory waiting period is the 6 months after service before the judgment can be final.
Is this legal advice?
No. This guide is general information about the California fee waiver process — it is not legal advice, and reading it doesn’t create an attorney-client relationship. Your situation may have details this guide can’t cover. For advice about your specific case, use your court’s free self-help center or consult a family law lawyer.
Sources: California Courts Self-Help Center — Divorce or Separation, Summary of Your Best Judgment Options, and California Family Code §2320, §2339(a), §2340–2342 (leginfo.legislature.ca.gov). Facts verified on SEPT 04, 2026. Last updated: September 2026. Fees and procedures change — confirm current requirements with the California Courts Self-Help Center or your county court. This article is for informational purposes only and is not legal advice.