How to Get a Divorce Without Going to Court in San Diego County
Introduction
Hi, I’m Tim Blankenship with Divorce661. One of the questions I hear most often is, “Can I get divorced without ever going to court?” If you live in San Diego County and your case is uncontested, the short answer is yes. In this article I’ll walk you through the exact steps to finalize an uncontested divorce remotely, common pitfalls to avoid, and how we guide couples from start to finish so they never have to set foot inside a courtroom.
What makes a divorce “uncontested”?
An uncontested divorce means both spouses agree on all material terms: division of property and debts, spousal support (if any), child custody and visitation, and child support. When there’s no disagreement and both parties are willing to sign the required paperwork, the court generally does not require either spouse to appear in person.
Step-by-step: How an uncontested San Diego divorce works
Below is the streamlined process we follow for no-court divorces in San Diego County. Each step must be done correctly—missing or incorrect paperwork is the most common reason courts reject final judgments.
- Prepare and electronically file the initial petition.We prepare the petition for dissolution and file it with the San Diego County court electronically to begin the case.
- Service or acknowledgement of receipt.Your spouse must be served with the filed papers, or they may sign a Notice and Acknowledgement of Receipt. This step officially starts the case and triggers California’s mandatory waiting period.
- Six-month waiting period.California law requires a minimum six-month waiting period from the date of service (or waiver of service) before a final judgment of dissolution can be entered. This time cannot be shortened by agreement.
- Complete and exchange financial disclosures (mandatory).Both parties must complete and exchange financial disclosures. These are required in every divorce and include information about assets, debts, income, and expenses. Incomplete or missing disclosures are a primary reason courts deny judgments.
- Negotiate and draft a Marital Settlement Agreement.Once disclosures are exchanged and you’ve agreed on terms, we put those agreements into a written Marital Settlement Agreement (MSA). The MSA spells out how assets and debts are divided, any support obligations, and custody arrangements when children are involved.
- Sign the agreement and prepare the judgment package.After both spouses sign the MSA, we assemble the full judgment package—consisting of the judgment, the MSA, and any required certificates or forms—and submit it to the court electronically.
- Court reviews and enters judgment—no appearance needed.Because the case is uncontested and the paperwork is complete, the court can enter a judgment without a hearing or in-person appearances.
Why financial disclosures matter (and where people go wrong)
Financial disclosures are not optional. California requires full disclosure so each party can make informed decisions. Common mistakes I see include:
- Failing to complete or exchange disclosures at all.
- Leaving out accounts, assets, or debts (home equity, retirement accounts, payoffs).
- Submitting incomplete income or expense information.
When disclosures are incomplete or missing, the court often rejects the judgment or delays approval—this is one reason DIY divorces commonly run into problems. We make the disclosures accurate and court-ready to prevent delays.
Real client example: finalized in under 30 days
We recently helped a San Diego couple complete the entire process—filed, served, disclosed, settled, and submitted the final judgment—in under 30 days. They never saw a judge or entered a courtroom. Everything was handled remotely and electronically. That’s the kind of efficiency an uncontested, properly documented case can achieve.
When you still need to go to court
If you and your spouse cannot agree on material terms—division of property, child custody, support, or other contested issues—you will likely need at least one court hearing. Court involvement becomes necessary when mediation, negotiation, or agreements fail to resolve disputes.
How Divorce661 helps
At Divorce661 we specialize in no-court, uncontested divorces in California. We manage the entire process so you can avoid the courthouse and costly mistakes:
- Flat-fee services with no hidden costs.
- 100% remote process—filing, service coordination, disclosures, agreement drafting, and judgment submission.
- Accurate, court-approved paperwork to minimize delays.
- Guidance through the mandatory waiting period and finalization steps.
Frequently asked questions
How long does it take?
California requires a minimum six-month waiting period from service to judgment. In uncontested cases where paperwork and disclosures are completed promptly, the administrative steps can be handled quickly—sometimes clients finish all preparation in weeks and then wait out the statutory six months. In rare, streamlined examples we’ve completed filings, agreements, and submission within 30 days, with the judgment entering after the waiting period.
Do we both need attorneys?
No. In uncontested cases, couples often work with a single service provider to draft and file documents. If you have complicated assets, disputes, or legal questions, you may want independent legal advice.
Can I do this myself?
Yes, but DIY divorces are prone to errors—especially around financial disclosures and correct filing. Those errors often cause court rejections or delays. Working with someone who understands local court procedures increases the chance of a smooth, no-court finalization.
Conclusion and next steps
If you and your spouse are in agreement and want to avoid court, an uncontested divorce in San Diego County can be handled entirely online. The keys are accurate financial disclosures, a clear Marital Settlement Agreement, and correct filing and service procedures. At Divorce661 we help couples navigate each step professionally and efficiently so you can finalize your divorce without a courtroom appearance.
If you’re ready to explore a no-court divorce, schedule a free consultation at divorce661.com and we’ll walk you through your options and the next steps.