California Uncontested Divorce
File an uncontested divorce in California without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (7-9 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$15,000-$$50,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in California?
To file an uncontested divorce in California, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in California for 6 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
California Summary Dissolution
Summary dissolution is California's simplified divorce procedure under Family Code Sections 2400-2406. Both spouses jointly file a Joint Petition (Form FL-800). There is no formal service of process. A 6-month waiting period applies from the filing date, during which either party may revoke the petition by filing Form FL-830. If neither party revokes, the dissolution becomes final automatically after 6 months. No court appearance is required. This process is significantly faster and less expensive than standard dissolution.
Requirements for Summary Dissolution
Marriage lasted less than 5 years from date of marriage to date of separation
No minor children born before or during the marriage or adopted during the marriage, and wife is not pregnant
Neither party owns or has an interest in real property (exception: lease expiring within 1 year of filing without purchase option)
Total community property assets less than $57,000 (excluding vehicles; including deferred compensation and retirement plans)
Neither party has separate property assets exceeding $57,000 (excluding vehicles)
Together the couple owes less than $7,000 in debts incurred since marriage (excluding car loans)
Both parties waive any rights to spousal support
Both parties have executed a property settlement agreement dividing all assets and debts and have executed all necessary transfer documents
Both parties have read and understood the Summary Dissolution Information booklet (FL-810)
At least one spouse meets California residency requirements (6 months state, 3 months county)
How to File an Uncontested Divorce in California
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 5 required forms for California. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $435 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
California has a 180-day waiting period. California has a mandatory 6-month (180-day) waiting period from the date the respondent is served (Family Code Section 2339). Your divorce cannot be finalized before this period ends. This is among the longest mandatory waiting periods in the nation. The waiting period cannot be waived by agreement of the parties.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your California forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
California requires financial disclosure within 60 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow California's service rules carefully.