Steps of an uncontested divorce in California

The spouse who starts the case, called the petitioner, fills out the Petition for Marriage/Domestic Partnership (form FL-100) and the Summons (form FL-110). If you have children under 18 together, you also complete the UCCJEA declaration (form FL-105). The petition tells the court what you are asking for, such as divorce, custody orders, support, and division of property.

You file the forms with the superior court in the county where you meet the residency requirement and pay the current filing fee (check the court's fee schedule), or request a fee waiver with form FW-001. The summons includes standard family law restraining orders that apply to both spouses, for example limits on transferring property or moving children out of the state without consent or a court order.

Someone 18 or older who is not part of the case must serve your spouse with copies of the filed papers and a blank Response (form FL-120). In a cooperative case, service by mail with a Notice and Acknowledgment of Receipt (form FL-117) is common. The server then completes the Proof of Service of Summons (form FL-115), which you file with the court.

In an uncontested case, the other spouse may file a Response, or may choose not to respond and instead sign a written agreement, which the self-help guide calls a default with agreement. Another option some couples use is the Appearance, Stipulations, and Waivers form (FL-130). An attorney can explain which path fits your situation.

California requires financial disclosure in every divorce, even when you agree. Each spouse serves a Declaration of Disclosure (form FL-140), a Schedule of Assets and Debts (form FL-142) or Property Declaration (form FL-160), an Income and Expense Declaration (form FL-150), and copies of tax returns filed in the past two years. You file only the Declaration Regarding Service (form FL-141) to show this was done.

Preliminary disclosures are due within 60 days of filing the petition or response and cannot be waived. Final disclosures can be waived only by a written agreement filed with the court, usually on form FL-144.

Your settlement, often called a marital settlement agreement, should cover every issue that applies to you. When it is signed, you submit the judgment packet. The forms vary by case, but often include the following.

The court reviews the paperwork, and if nothing is missing, a judge signs the judgment. You receive a Notice of Entry of Judgment (form FL-190) showing the date your marital status ends. Local courts may have extra requirements, so check your court's website or self-help center.

Family Code section 2339 says a divorce judgment cannot end the marriage until six months have passed from the date the respondent was served with the summons and petition, or the date the respondent first appeared in the case, whichever is earlier. You can finish the paperwork and get a judgment signed sooner, but your marital status ends on the later date stated in the judgment. You cannot remarry before that date.