Quick Answer: An uncontested divorce in California is a case in which both spouses agree on every issue and finish with a signed written agreement instead of a trial. It still starts with a petition (or, since January 1, 2026, a joint petition filed together), still requires both spouses to exchange sworn financial disclosures, and still ends with a Judgment (form FL-180) that a judge signs with the agreement attached. Agreed cases can usually be decided on paper, without a hearing. The marriage itself cannot end until six months have passed from the date the respondent was served or first appeared in the case, whichever came first.
Most couples who search for an "uncontested divorce" want to know two things: whether they can skip court, and how fast they can be done. The answers are often yes on the first and "six months at the earliest" on the second. But an agreed divorce is still a court case with required forms, required disclosures, and a judge who reviews the paperwork. This guide walks through the agreed path from filing to judgment. If you have not filed yet, our post on how a divorce is started in California covers the opening forms in more detail.
What "Uncontested" Means in California
The Family Code does not define an "uncontested divorce" as a separate type of case. The Judicial Council's Judgment Checklist (form FL-182) describes three ways to finish a divorce without a trial:
Default with no agreement. The respondent never files a Response and there is no written agreement. The court decides based on the petition. We cover this path in what happens if your spouse does not respond to a divorce petition.
Default with agreement. The respondent does not file a Response, but both spouses sign a written agreement. The respondent's signature on the agreement must be notarized.
Uncontested case. The respondent files a Response or otherwise appears, and both spouses sign a written agreement.
The second and third paths are what most people mean by an uncontested divorce. Both end with a judgment based on the spouses' own agreement.
Do You Qualify for Summary Dissolution Instead?
A small group of couples can use summary dissolution, a simpler joint procedure under Family Code section 2400. To qualify, the marriage must have lasted no more than five years as of the date of separation, there can be no children together and no pregnancy, neither spouse can own real estate, both must stay under the statute's debt and asset limits, and both must give up spousal support. Most couples with a home, a retirement account of any size, or children do not qualify and use the regular process described below.
Step 1: Start the Case
One spouse files a Petition (form FL-100) and a Summons (form FL-110) and has the other spouse served. At least one spouse must have lived in California for six months and in the county of filing for three months before the petition is filed (Family Code section 2320). Our post on serving divorce papers explains the service rules.
Since January 1, 2026, couples who expect to agree on everything also have a second option: filing one Joint Petition (form FL-700) together with a joint summons (form FL-710). Under Family Code section 2331(b), a joint petition is treated as served on both spouses when it is filed. A joint petition does not allow either spouse to ask for temporary orders, so it fits couples who can work through every issue on their own.
Step 2: Exchange Financial Disclosures
Agreement does not excuse disclosure. Under Family Code section 2104, each spouse must serve a Preliminary Declaration of Disclosure, signed under penalty of perjury, that lists all assets and debts and includes the tax returns that spouse filed in the prior two years, along with a current Income and Expense Declaration (form FL-150). The petitioner must serve it with the petition or within 60 days of filing. Each spouse then files a declaration (form FL-141) confirming service.
A final declaration of disclosure is also required before the spouses sign an agreement on property or support, unless they mutually waive it in writing under Family Code section 2105(d), often on form FL-144. A waiver is a sworn statement that full disclosure already happened, not a shortcut around it. Section 2106 bars the court from entering a judgment on property rights until these steps are done. Our post on financial disclosures in a California divorce goes through the forms.
Step 3: Put Every Issue in a Written Agreement
The court's self-help guide says the agreement must cover how property and debts are divided and whether either spouse will pay spousal support. With children, it must also cover custody, parenting time, and child support. Gaps are the most common reason a judgment package comes back.
A few points need extra care:
Property. Community property is divided equally unless the spouses agree otherwise in writing (Family Code section 2550). An unequal split is allowed by agreement, but it should be deliberate and documented. If one spouse keeps the house and pays the other for their share, see our post on equalization payments.
Retirement accounts. A share of a 401(k) or pension usually needs its own order to the plan. Our post on QDROs explains why this step is so often missed.
Child support. Parents can agree on an amount, but under Family Code section 4065 the court will not approve an amount below guideline unless the parents make specific declarations, including that the children's needs will be met.
Custody. Every custody order must clearly describe each parent's rights (Family Code section 3048). "Reasonable visitation" invites the next dispute. See our guide to 50/50 custody schedules for language that works.
Step 4: Submit the Judgment Package
The core forms are the Judgment (form FL-180) with the signed agreement attached, a Declaration for Default or Uncontested Dissolution (form FL-170), and a Notice of Entry of Judgment (form FL-190). A default with agreement also needs a Request to Enter Default (form FL-165). An uncontested case with a Response or appearance typically includes an Appearance, Stipulations, and Waivers (form FL-130). Cases with children or support need additional attachments, which form FL-182 lists in full.
Family Code section 2336 allows the court to grant the judgment on written declarations. A personal appearance is required only if the court finds, for example, that reconciliation is reasonably possible or that a proposed custody order is not in the child's best interest. That is why many agreed cases finish without anyone going to court.
How Long an Uncontested Divorce Takes
Two clocks run at once. The first is paperwork: how quickly the spouses exchange disclosures, sign an agreement, and get the judgment processed. The second is set by law. Under Family Code section 2339, the marriage does not end until six months after the respondent was served or first appeared, whichever came first. For a joint petition, the court's information sheet (form FL-700-INFO) says the earliest date is six months and one day after filing.
The judge can sign the judgment before the six months run. The judgment then states the date marital status ends. Starting January 1, 2027, AB 1875 will allow a court to reduce or waive the six-month period for good cause when the spouses have resolved all material issues. Our post on AB 1875 and the six-month wait explains the conditions.
Local Rules in Contra Costa and San Francisco
Local rules add their own requirements. In Contra Costa County, Local Rule 5.11 requires parties in dissolution and legal separation cases to use the FL-182 checklist and requires the defaulting spouse's signature on a default with agreement to be notarized. In San Francisco, Local Rule 11.14 says default and uncontested judgments are submitted by declaration and the court may act without a hearing, either signing the judgment, asking for more documents, or setting a hearing. The same rule puts the earliest end of marital status at six months and one day from the date the court acquired jurisdiction over the respondent. Check the San Francisco family court guide or the Contra Costa family court guide for current forms.
Where Agreed Divorces Go Wrong
Skipped or thin disclosures. If a judgment is entered without full compliance with the disclosure rules, Family Code section 2107(d) generally requires the court to set it aside, and perjury on a disclosure is a separate ground (sections 2104 and 2105).
Silence on spousal support. In a long marriage, the court keeps jurisdiction over support indefinitely unless the agreement or an order ends it (Family Code section 4336).
Assuming "agreed" means "fair." Once entered, a judgment is difficult to undo. Having your own divorce lawyer review the agreement before you sign is far cheaper than litigating it later.
Key Takeaways
Agreement Still Means Paperwork
An uncontested divorce still needs a petition, sworn financial disclosures, and a judgment signed by a judge.
Notarize a Default With Agreement
If the respondent never files a Response, the respondent's signature on the written agreement must be notarized.
Cover Every Issue in Writing
The agreement must address property, debts, and spousal support, plus custody and child support when there are children.
Six Months Is the Floor
Marital status cannot end until six months after service or appearance, even when the judgment is signed sooner.
Frequently Asked Questions
Do we have to go to court for an uncontested divorce in California? Usually not. Family Code section 2336 lets the court decide an agreed case on written declarations. The judge can still require an appearance in limited situations, such as a concern about a proposed custody order.
Can one lawyer represent both spouses in an uncontested divorce? A lawyer represents one spouse. The other spouse can hire separate counsel or represent themselves, and having independent advice makes the agreement harder to challenge later.
Can we waive financial disclosures if we agree on everything? You cannot skip the preliminary declaration of disclosure. You can mutually waive the final declaration under Family Code section 2105(d), but only by stating under penalty of perjury that full disclosure has already been made.
How is a joint petition different from an uncontested divorce? A joint petition is one way to start an agreed case, filed by both spouses together on form FL-700. An uncontested divorce describes how the case ends: with a written agreement and a judgment instead of a trial.
An uncontested divorce works best when the agreement is complete, the disclosures are real, and the forms match. To talk with Attorney Michael Geller about an agreed divorce in Walnut Creek, San Francisco, or elsewhere in the Bay Area, call The Geller Firm at 415-840-0570 to schedule a consultation.