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Uncontested Divorce in California

Requirements for an Uncontested Divorce in California

To qualify for an uncontested divorce, you must meet these conditions:

  1. Residency:
    -At least one spouse must have lived in California for at least 6 months, and
    -In the county where the divorce is filed for at least 3 months.
     

  2. Mutual Agreement:
    Both spouses must fully agree on all terms:
    -Property and debt division
    -Spousal support (alimony)
    -Child custody, visitation, and support (if applicable)
     

  3. No-Fault Grounds:
    California is strictly no-fault — the only grounds are irreconcilable differences, so neither party needs to prove wrongdoing.
     

  4. Summary Dissolution (Optional):
    If you meet specific conditions, you may qualify for a summary dissolution, an even simpler process (details below).

Steps to File for an Uncontested Divorce:

  1. File the Divorce Petition:
    -One spouse (the petitioner) files Form FL-100 (Petition) and FL-110 (Summons) with the Superior Court.

    -If you’re filing for a summary dissolution, use Form FL-800 instead.

     

  2. Serve the Other Spouse:
    -The other spouse (the respondent) must be formally served unless they waive service
    -
    They can sign a Response (Form FL-120) or a Response Waiver (FL-130).

     

  3. Exchange Financial Disclosures:
    Both parties must complete and exchange:
    -FL-142 (Schedule of Assets and Debts)
    -
    FL-150 (Income and Expense Declaration)

     

  4. Submit Agreement to Court:
    -File your signed Marital Settlement Agreement (or use FL-180 Judgment with attachments).
    -If everything is in order, the court does not typically require a hearing.

     

  5. Mandatory 6-Month Waiting Period:
    -The earliest your divorce can be finalized is 6 months and 1 day from the date the respondent was served or appeared in the case.

     

  6. Final Judgment:
    -The judge signs and files the Judgment of Dissolution, which legally ends the marriage.

Cost Considerations

  • Filing Fee: Around $435–$450, depending on the county
     

  • Attorney Flat Fees: Typically $500–$1,500 for uncontested divorce
     

  • Online Services: Platforms like HelloDivorce, 3StepDivorce, or LegalZoom cost around $150–$500
     

  • Fee Waiver: You can request a waiver using Form FW-001 if you can’t afford the filing fee.

Important Considerations

  • Parenting Plans: If children are involved, you must file a Parenting Plan and Child Support Worksheet. The court reviews these to ensure they’re in the child’s best interest.

  • Legal Help: Even in an uncontested case, it’s smart to have a lawyer review your agreement or documents.

  • Divorce Judgment Not Automatic: Even if you file everything correctly, your divorce is not final until the court processes and issues the Judgment of Dissolution — watch your mail or court portal.

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