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 and, in most cases, no hearings or 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: a $435 filing fee for the spouse who files, and $435 for a spouse who files a Response ($870 total for the couple), plus $0–$125 for service — either spouse can ask for a fee waiver
- Timeline: the divorce can’t be final until 6 months + 1 day after your spouse is served or responds in court (whichever comes first), even when you agree on everything — or after the filing date if you use the new joint petition
- Key requirement: a signed marital settlement agreement and a judge-signed judgment (FL-180)
- Lawyer not required — many couples complete uncontested divorces without one
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Family Code §2339(a), §2340–2342. The form names in the table on this page and the joint petition details were checked against the official California Courts pages on September 21, 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.
→ How service works, and what to do if your spouse doesn’t respond: How to Serve Divorce Papers in California
New in 2026: The Joint Petition (Form FL-700)
If you and your spouse agree on every issue, California now offers an alternative to the usual Petition-and-Response process: a joint petition that you file together (Form FL-700). According to the official California Courts Self-Help page, the filing fee is $870 — the same total as two spouses paying $435 each when filing separately. Because you file together, there is no service step between you, and, for divorce cases, the 6-month waiting period starts on the filing date instead of the date of service — as long as nothing changes and you still have a full agreement at the end.
Eligibility rules apply, so read the official Joint Petition guide and ask your court’s Self-Help Center before choosing this route. For how the joint petition fits into the whole process, see The Complete California Divorce Roadmap.
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 and debts, income, and expenses (FL-140, FL-142, and 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 your spouse is served or responds in court, whichever comes first (Family Code §2339(a)), or after the filing date if you use the joint petition — 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 of Disclosure | Both |
| FL-141 | Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration | Both |
| FL-142 | Schedule of Assets and Debts | Both |
| FL-144 | Stipulation and Waiver of Final Declaration of Disclosure | Both — only if you agree in writing to skip the final round of disclosures |
| 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 |
If you use the joint petition instead, Form FL-700 takes the place of the separate Petition and Response. 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 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 the Declaration of Disclosure (FL-140), the Schedule of Assets and Debts (FL-142), and the Income and Expense Declaration (FL-150), then file FL-141 to tell the court the disclosures were served. This is required in almost every divorce — skipping it is a common DIY mistake and can put your judgment at risk later.
If you both agree in writing to skip the final round of disclosures, you can use FL-144 — but only after you have exchanged the first (preliminary) set.
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.
These guides explain what usually goes into the specific terms:
- Custody and visitation: How to Write a Parenting Plan in California
- Child support: California Child Support Calculation
- Spousal support: Spousal Support in California
- Pensions and retirement accounts: QDRO and Retirement Division in California
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 earliest the divorce can be final is 6 months and 1 day after your spouse was served or responded in court (whichever came first) — not 6 months from filing, unless you used the joint petition. 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 — spouse who files | $435 (waivable) |
| Court filing fee — spouse who files a Response | $435 (waivable) |
| Process server (or free by mail with FL-117) | $0–$125 (varies by county and server) |
| Mediator for the settlement agreement (optional) | roughly $1,000–$3,000 total if used (varies widely) |
| DIY total without mediator | About $870–$995 for the couple, before any fee waiver |
Fees can change and counties may add charges, so confirm the current amounts with your county court before filing. Compare: contested California divorces with attorneys can cost far more, depending on how many issues are disputed. 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
or response
With a joint petition there is no service step, and the 6 months run from the filing date.
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 (roughly $1,000–$3,000): you agree on the big picture but need help structuring terms — usually far cheaper than two lawyers
- ⚠️ Consider a limited-scope attorney: pay only for reviewing your settlement agreement before signing it — usually far less than full representation
- ❌ 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 is served or responds in court, whichever comes first — set by Family Code §2339(a), with no exceptions. Filing the paperwork faster doesn’t shorten it; the clock doesn’t start at filing (unless you use the joint petition, where it runs from the filing date).
How much does an uncontested divorce cost in California?
The filing fee is $435 in most counties for the spouse who files, and a spouse who files a Response pays their own $435 — $870 for the couple. Either spouse can ask for a fee waiver (FW-001). Service adds $0–$125, and a mediator for the settlement agreement adds roughly $1,000–$3,000 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 doesn’t require you to be separated before filing — the only mandatory waiting period is the 6 months after service (or your spouse’s response) before the judgment can be final. If you don’t yet meet the residency requirement, see Legal Separation vs. Divorce vs. Annulment in California and ask your court’s Self-Help Center which route fits.
Is this legal advice?
No. This guide is general information about the California divorce 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 licensed California family law attorney.
Sources: California Courts Self-Help Center — Divorce or Separation, Summary of Your Best Judgment Options, Joint Petition for Divorce or Legal Separation, 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.