Uncontested divorce in California

Who can use the process for agreed cases in California

• Yes, two.
• Summary dissolution: married less than 5 years, no children together, no real estate, debts under $7,000 (not counting car loans), community property under $57,000 and each spouse's separate property under $57,000, and no spousal support.
• Joint petition (FL-700): both spouses file together if you expect to agree on everything; you still exchange disclosures and wait 6 months.

What you file in California

The forms the court's own instructions name for an agreed case in California:

• Joint petition (FL-700)
• Notice and Acknowledgment of Receipt (form FL-117) (for your spouse to sign)
• Request to Waive Court Fees (form FW-001) (if you can't pay the fee)

Before you file in California

Who can file (residency)

You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months. If you don't qualify yet, you can file for legal separation and change it to a divorce later. Some same-sex couples married in California can file here even if they live elsewhere.

Waiting period

Divorce takes at least 6 months. The earliest your marriage can end is 6 months after your spouse is served or responds (or after you file a joint petition). Legal separation has no waiting period.

Law

Cal. Fam. Code 2320 · Cal. Fam. Code 2339

Forms, fees and filing in California

Official forms

Divorce forms (California courts)

Court self-help

Divorce self-help (California courts)

Filing fee

$435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Your spouse pays a similar fee to respond.

If you can't afford the fee

Ask for a fee waiver with Request to Waive Court Fees (form FW-001): selfhelp.courts.ca.gov: Fee waiver

E-filing

Yes, if your county court allows e-filing; check your court's website.

If your spouse agrees to sign

Your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117).

If you agree on only some issues

If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. Fam. Code 3170. selfhelp.courts.ca.gov: Child custody

An uncontested divorce in California, step by step

1. Check that you can file in California

   You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months.

2. See if you qualify for the simpler process

   Yes, two.

3. Fill in the official forms

   Use the court's official divorce forms: Divorce forms (California courts)

4. File, and pay the fee or ask for a waiver

   $435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Can't afford it? Ask for a fee waiver with Request to Waive Court Fees (form FW-001): selfhelp.courts.ca.gov: Fee waiver. Yes, if your county court allows e-filing; check your court's website.

5. Have your spouse sign or be served

   Your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117).

6. Wait out the waiting period

   Divorce takes at least 6 months.

7. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in California

More about divorce in California

• All California divorce laws
• California divorce forms and filing fees
• Alimony in California
• Child custody and support in California
• Serving divorce papers in California
• Divorce timeline estimator for California
• Divorce checklist for California
• Uncontested divorce: how it works
• Divorce waiting periods by state

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