How To File For UNCONTESTED Divorce (Step by Step) — California Divorce

Filing for an uncontested divorce in California is a procedural process you can complete without prolonged court battles when both spouses agree on the key issues. This guide walks through the practical steps, the typical paperwork, and smart tips to help you move the case forward cleanly and efficiently.

What an uncontested divorce means

An uncontested divorce happens when both spouses agree on separation terms including property division, debts, spousal support, and parenting arrangements if children are involved. Because both parties cooperate, the process tends to be faster, less expensive, and less stressful than a contested case.

Quick overview of the California process

• Prepare and file the initial forms with your county superior court.
• Serve the other spouse with the filed paperwork, unless they sign a waiver of service.
• Exchange mandatory disclosures about assets, debts, and income.
• Complete a marital settlement agreement or stipulation covering all terms.
• Submit the judgment and related documents for the court to sign.
• Wait the mandatory six month period required by California law before a final judgment can be entered.

Step-by-step: How to file for an uncontested divorce in California

1. Gather basic information. You will need full names, addresses, marriage date and place, separation date, details of property and debts, income information, and any child custody or support specifics.
2. Complete the required forms. At minimum you will prepare a petition to start the case and a summons. If children are involved you will include custody/parenting forms. You will also prepare declarations or documents that outline the terms you and your spouse agree to.
3. File with the court clerk. Submit the completed forms to the superior court in the county where either spouse lives. Pay the filing fee or submit a fee waiver application if you qualify.
4. Serve the other spouse. Unless the other spouse signs a written waiver of service, the filed documents must be formally served by a non-party adult or a professional process server. After service, you must file proof of service with the court.
5. Exchange mandatory disclosures. California requires the exchange of financial disclosures early in the case: income, assets, debts, retirement accounts, and tax returns when relevant. These disclosures support the fairness of any settlement.
6. Negotiate and sign a written agreement. Draft a marital settlement agreement or stipulation that spells out property division, debt responsibility, spousal support, child custody, visitation, and child support if applicable. Both parties must sign to make it enforceable.
7. Prepare judgment paperwork. Complete the proposed judgment and any required attachments (for example, a parenting plan or support worksheets) and file them with the court along with a request for entry of judgment or an order to show cause if needed.
8. Wait the minimum period. California has a mandatory waiting period before a divorce can be finalized. Calculations and timing matter, so confirm the date the waiting period begins in your case and plan accordingly.
9. Obtain the final judgment and certified copies. Once the judge signs the judgment and the waiting period has passed, request certified copies for financial institutions, title companies, and other entities that will need the court order.

Common forms you will likely encounter

• Petition for dissolution
• Summons
• Response (if the other spouse files one) or Waiver of Service
• Income and expense declarations
• Schedule of assets and debts and depositions of disclosure
• Marital settlement agreement or stipulation
• Judgment and notices of entry of judgment

Practical tips for a smoother process

• Be accurate and thorough. Mistakes slow the case. Double-check names, dates, and numbers before filing.
• Keep organized copies. Keep a complete file of everything you file and everything you receive from the other spouse.
• Use proof of service correctly. Filing the proof of service promptly is essential; otherwise the clock on certain deadlines may not start.
• Consider a fee waiver if needed. Many courts grant waivers for those who qualify based on financial need.
• Follow local court rules. Courts can vary on filing and formatting requirements; check the local superior court’s self-help resources or clerk’s office for specifics.
• Use court self-help centers. Judges cannot give legal advice, but court self-help centers are a free resource for procedural guidance.

When to consider professional help

An uncontested process is ideal when issues are straightforward and both parties cooperate. Consider hiring an attorney or mediator if you have high-value assets, complex tax consequences, contested custody issues, hidden debts, domestic violence concerns, or other complications that require legal expertise.

Final thoughts

An uncontested divorce in California can be efficient and manageable when both spouses agree and follow the required steps carefully. Prepare the forms, exchange disclosures, document your agreement in writing, and be mindful of the waiting period and local court procedures. With organization and attention to detail, you can complete the process without unnecessary delays.

Note: This guide is informational and not a substitute for legal advice. If you have questions about your unique situation, consult a qualified family law attorney.