How to File for Divorce When You Both Agree on Everything | California Divorce

Posted by Tim Blankenship on

 

How to File for Divorce When You Both Agree on Everything

Deciding to end a marriage is never easy, but when both spouses agree on all terms, the process can be much simpler and less stressful. An uncontested divorce in California allows couples to avoid lengthy court battles and hefty legal fees. In this blog, we’ll walk through the essential steps to file for an uncontested divorce, ensuring a fast and hassle-free experience.

Understanding Uncontested Divorce

An uncontested divorce means that both spouses agree on all aspects of the divorce, including property division, child custody, and support terms. This mutual agreement simplifies the process significantly. By avoiding disputes, couples can save time, money, and emotional stress.

To qualify for an uncontested divorce in California, ensure that you both agree on:

  • Division of marital property
  • Child custody arrangements
  • Child support and spousal support terms

Having a clear understanding and agreement on these core issues is crucial for a smooth filing process.

Common Mistakes to Avoid

Even with mutual agreement, many couples make mistakes that can delay their divorce. Here are some common pitfalls to avoid:

  • Filing incorrect forms
  • Failing to serve the spouse properly
  • Not exchanging financial disclosures

Taking care to avoid these mistakes can save you from unnecessary delays and complications.

Essential Steps to File for Divorce

Now that you understand what an uncontested divorce is, let’s dive into the steps you need to take to file for divorce in California.

1. Ensure You Qualify

To file for an uncontested divorce, both spouses must agree on all terms. If there are any disagreements, the divorce may need to be contested, which complicates the process. Confirm that you both agree on:

  • Property division
  • Child custody and support
  • Spousal support

2. File the Required Forms

The next step is to complete and file the necessary forms with the court. In California, the main forms you’ll need include:

  • FL-100: Petition for Dissolution of Marriage/Domestic Partnership
  • FL-110: Summons
  • FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if you have children)

Make sure to fill out these forms accurately to avoid rejections from the court.

3. Serve Your Spouse

After filing your forms, the next crucial step is serving your spouse. Proper service is essential because it starts the waiting period for your divorce. Remember:

  • You cannot serve your spouse yourself; enlist someone else to do this.
  • The waiting period starts from the date your spouse is served, not from when you file.

4. Exchange Financial Disclosures

Transparency is key in an uncontested divorce. Both spouses must exchange financial disclosures, which include:

  • FL-140: Declaration of Disclosure
  • FL-150: Income and Expense Declaration
  • FL-142: Schedule of Assets and Debts

Failing to complete this step can lead to your divorce being rejected, so be thorough and prompt in exchanging this information.

5. Draft a Marital Settlement Agreement

This document outlines all the agreed-upon terms of your divorce. It serves as a comprehensive record of your arrangements, including:

  • Property division
  • Child custody and visitation schedules
  • Support obligations

Having a clear and detailed marital settlement agreement is essential for finalizing your divorce.

6. Submit a Complete Judgment Package

Once everything is agreed upon, you’ll need to submit a complete judgment package to the court. This package typically includes:

  • Your signed marital settlement agreement
  • The FL-180 Judgment form
  • FL-190 Notice of Entry of Judgment

Ensure that all paperwork is correctly formatted to prevent rejections by the court.

7. Attend a Quick Hearing (if necessary)

In many uncontested divorce cases, a judge will approve the divorce without a hearing. However, if a hearing is required, it will be brief. During the hearing, the judge will:

  • Review your petition and marital settlement agreement
  • Verify that both parties agree with the terms

If everything is in order, the judge will grant your divorce. The final decree will usually arrive in the mail shortly after the hearing.

Real Client Story: A Cautionary Tale

One couple attempted to file their own divorce but faced rejections twice due to missing forms. They ultimately hired our services, and we successfully finalized their divorce without further delays. This highlights the importance of ensuring all paperwork is complete and accurate from the start.

Why Choose Divorce661.com?

Choosing Divorce661.com offers several advantages for couples seeking an uncontested divorce:

  • We handle all paperwork, alleviating the stress of filing.
  • Flat-fee pricing means no surprise legal bills.
  • We offer e-filing for faster processing.
  • Our services are 100% remote, so no office visits are required.

Final Thoughts

Filing for an uncontested divorce in California can be a straightforward process if both parties agree on all terms. By following the steps outlined above and avoiding common pitfalls, couples can achieve a fast and amicable resolution to their marriage. If you’re considering divorce, contact Divorce661.com today for a free consultation and let us help you navigate this journey with ease.

 

Tim Blankenship – who has written posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.

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