Uncontested Divorce in California: Step-by-Step Process for 2025
Most people believe divorce in California is always expensive, stressful, and dragged through the court system for months or years.
But here’s the truth:
If both partners agree on the major issues, an uncontested divorce can be one of the fastest, most affordable, and least stressful ways to legally separate in California — even in 2025.
What Is an Uncontested Divorce in California (2025)?
An uncontested divorce means both spouses fully agree on all key issues, including:
Property and asset division
Debt division
Child custody & visitation
Child support
Spousal support (alimony)
Who keeps the home
How finances will be handled
Because there are no disagreements, the court process becomes much simpler, faster, and far more affordable.
Benefits of an Uncontested Divorce
Less Costly: Lower attorney and court fees compared to contested divorces.
Faster Resolution: No need for long, adversarial hearings. Most cases are finalized shortly after the state’s mandatory waiting period.
Privacy: Settlements can stay between the two of you rather than being argued in open court.
Control: Couples decide the outcomes, not a judge.
Real-Life Examples (Scenarios)
Scenario 1 — The Peaceful Parents
A couple in San Jose with two children agrees on:
50/50 custody
Shared decision-making
No spousal support
Splitting school and medical expenses
Keeping their own separate bank accounts
Selling the house and dividing profit 50/50
They file for an uncontested divorce and finalize it in about 6 months with minimal court involvement.
Scenario 2 — The Quick Separation for Working Professionals
A married couple in Los Angeles who are both working full-time:
No children
No property
Only joint credit card debt
Both agree to walk away with their own savings
No request for alimony
This divorce becomes one of the simplest types in California — completed within 6 months, often with no hearings at all.
Requirements for an Uncontested Divorce in California (2025)
To file uncontested, you must meet:
Residency Requirements
One spouse must have lived in California for at least 6 months,
And in the county of filing for at least 3 months.
Agreement on ALL Terms
This includes property, custody, support, debts, and more.
Full Financial Disclosure
California requires complete honesty about income, assets, and debts.
Properly Completed Forms
Incorrect paperwork is the #1 reason divorces are delayed
Checklists: What to Prepare
Documents:
Petition (FL-100)
Summons (FL-110)
Response (FL-120, if spouse responds)
Financial disclosures (FL-140, FL-142/FL-160, FL-150)
Marital Settlement Agreement
Stipulated Judgment (FL-180)
Parenting plan and support forms (if children are involved).
Step-by-Step: Uncontested Divorce in California (2025)
1. Meet Residency Requirements
Check if at least one spouse qualifies for both California and county residency.
2. File Initial Paperwork
Petition (FL-100) and Summons (FL-110).
Add child custody/support forms if needed.
Get forms online or at the local family law court.
3. Pay Court Fees
Expect a filing fee around $435 unless a hardship waiver applies.
4. Serving Papers
A third party must officially deliver the divorce papers.
The other spouse gets 30 days to respond; if they agree, it stays uncontested.
5. Full Financial Disclosure
Both exchange full details on income, debts, expenses, and assets to avoid surprises and assure fairness.
6. Negotiate and Finalize Agreement
Write down the settlement covering property, parenting, support, and more.
Mediation or legal review is wise even when relations are friendly.
7. Submit Final Documents
Present the settlement and all required paperwork (e.g., FL-180 judgment) for review.
The court ensures parents address child needs, if applicable.
8. Six-Month Waiting Period
State law requires at least six months from service before your divorce can be finalized, regardless of agreement.
9. Final Approval
If all documents are complete and uncontested, a judge signs off and your marriage is legally ended without a hearing.
How Long Does an Uncontested Divorce Take in California (2025)?
Typical timeline: 6–8 months
The 6-month waiting period is mandatory by law — even if the couple agrees on everything.
Factors that speed up the process:
Accurate paperwork
No disagreements
Quick financial disclosures
No minor children
No request for spousal support
Is Uncontested Divorce Right for You?
Uncontested divorce is ideal when:
Both spouses communicate well
There is no major conflict
You agree on child arrangements
Property division is clear
Both want a quick and clean separation
If there are disagreements or concerns about safety, a contested divorce or mediation may be better.
Conclusion: A Peaceful Path to Separation
Divorce doesn’t always have to be a fight.
With the right information, patience, and cooperation, an uncontested divorce in California offers couples a:Faster
More affordable
More respectful
way to end a marriage and move toward the next chapters of their lives.
Frequently Asked Questions (FAQ)
1. How long does an uncontested divorce take in California in 2025?
At minimum 6 months, due to California’s mandatory waiting period. Many cases take 6–8 months total.
2. Do we have to go to court for an uncontested divorce?
In most cases, no hearing is required. A judge reviews your paperwork and signs the judgment.
3. Can we file uncontested divorce without a lawyer?
Yes, couples can file on their own. But many people hire a lawyer or document preparer for accuracy because incomplete forms often cause delays.
4. What if my spouse doesn’t respond to the divorce papers?
If they do not respond within 30 days, your divorce can proceed as a default, which still counts as uncontested.
5. Can same-sex couples file an uncontested divorce?
Yes. California law treats same-sex marriages exactly the same as all marriages for divorce.
6. What happens if we initially agree on everything but later disagree?
Then the divorce becomes contested, unless the issue is resolved through negotiation or mediation.
