An uncontested California divorce is not a different legal process from a contested one; it runs through the same forms and the same 6 month waiting period. What changes is that you and your spouse agree on the terms, which means fewer disputes to resolve and a clearer sequence to follow. This checklist walks through that sequence start to finish.
Key Takeaway: An uncontested divorce in California still requires the same core steps: filing a Petition, addressing service or response, exchanging financial disclosures, waiting out the mandatory 6 month period, and submitting judgment paperwork. Agreement between spouses does not skip any of these steps, it just removes the disputes that would otherwise slow them down. Since January 1, 2026, agreeing couples also have a second path in, the Joint Petition (Form FL-700).
An uncontested divorce is simply a case where both spouses agree on every term the court needs to decide: how property and debts are divided, spousal support, and, if you have children, custody, visitation, and child support. It does not mean less paperwork exists; it means the paperwork moves through without a judge having to resolve a fight.
Agreement can happen in different ways along the process:
- Both spouses agree from the very beginning, before anything is filed
- One spouse files first, and the other responds in full agreement
- One spouse files, the other does not formally respond, but the two of them reach a signed agreement anyway
- Since 2026, both spouses file together from day one using the Joint Petition
Every one of these still moves through the checklist below.
<h2 id="step-1-confirm-you-qualify">Step 1: Confirm You Qualify</h2>Before filing anything, confirm California's residency requirement: at least one spouse must have lived in California for 6 months, and in the county where you plan to file for 3 months. Legal separation does not require this residency showing, which is one reason some couples file for legal separation first if they have not yet met the residency requirement for dissolution.
California is also a no-fault state, so the only ground you need is irreconcilable differences. Neither spouse has to prove wrongdoing, and the court does not ask why the marriage ended.
<h2 id="step-2-choose-your-path">Step 2: Choose Your Filing Path</h2>If you and your spouse already agree on everything, you have two structural options:
- Traditional Petition and Response. One spouse files as Petitioner, the other is served and responds as Respondent. This is the long-standing process, and it is still required if you are not yet in full agreement when you first file.
- Joint Petition (Form FL-700). Since January 1, 2026, spouses who already agree can file together as Petitioner 1 and Petitioner 2 on a single form. There is no respondent, no process server, and no 30 day response deadline, since the petition is deemed served on both parties the moment it is filed.
See California Couples Can Now File for Divorce Together and How to File a Joint Divorce Petition in California for the full picture, or our direct comparison, Joint Petition vs Regular Divorce Petition in California, if you are deciding between the two. Short marriages with no children and limited property may also qualify for Summary Dissolution (FL-800), an older, narrower shortcut worth checking before you commit to either path.
<h2 id="step-3-start-the-case">Step 3: Start the Case (FL-100 and FL-110, or FL-700)</h2>If you are using the traditional path, the Petitioner files:
- Form FL-100, the Petition, stating the type of case, the date of marriage and separation, and what you are asking the court to order. See How to Fill Out Form FL-100.
- Form FL-110, the Summons, which the clerk issues alongside the Petition and which will be served on your spouse. See How to Fill Out Form FL-110. The Summons also activates the Automatic Temporary Restraining Orders (ATROs), which bind both spouses immediately, restraining moves like removing children from the state or transferring property outside the ordinary course of business without consent.
If you are filing jointly instead, both spouses sign and file Form FL-700 together, along with the Summons for joint petitions, Form FL-710. There is no separate service step; the statute treats the petition as served on both spouses the moment it is filed.
This step only applies to the traditional path. Once FL-100 and FL-110 are filed, someone 18 or older who is not a party to the case (never the Petitioner) must deliver copies to the Respondent. After service, that person completes and signs Form FL-115, Proof of Service of Summons, which is then filed with the court. See How to Fill Out Form FL-115 for the full walkthrough, including the different methods of service California recognizes.
The date recorded on FL-115 matters beyond formality: it is the date California's mandatory 6 month waiting period begins, and the date the Respondent's 30 day response clock starts.
Couples who filed a Joint Petition skip this step entirely, since there is no respondent to serve.
<h2 id="step-5-the-response-or-default">Step 5: The Response, or the Default Path</h2>In the traditional path, the Respondent generally has 30 days from the date of service to file Form FL-120, the Response. In an uncontested case, this Response typically confirms the facts and requests already agreed to. See How to Fill Out Form FL-120, and if you were just served and are not sure where to start, Served With Divorce Papers in California: What to Do First.
If the Respondent does not file a formal Response, that does not automatically derail an agreed case. Once the 30 days have passed, the Petitioner can file Form FL-165, Request to Enter Default, and, if there is a signed written agreement between the spouses, submit it alongside the default so the eventual judgment reflects those agreed terms rather than proceeding as a true, undefended default. See How to Fill Out Form FL-165 and our fuller explanation of this fork in the road, What Happens If You Don't Respond to Divorce Papers in California.
Couples who filed jointly on FL-700 skip this step as well, since both spouses already appeared as petitioners.
<h2 id="step-6-financial-disclosures">Step 6: Exchange Financial Disclosures</h2>Every California divorce, uncontested, contested, or joint, requires both spouses to exchange financial disclosures, generally within 60 days of filing (or of the Response, in the traditional path):
- Form FL-140, Declaration of Disclosure, the cover declaration confirming disclosures were exchanged. See How to Fill Out Form FL-140.
- Form FL-150, Income and Expense Declaration, detailing income, expenses, and financial circumstances. See How to Fill Out Form FL-150.
- Form FL-142, Schedule of Assets and Debts (or the simplified FL-160, Property Declaration, in some cases), listing what each spouse owns and owes. See How to Fill Out Form FL-142 and How to Fill Out Form FL-160.
Two years of tax returns generally accompany these forms. Agreement between spouses makes this step faster in practice, since neither side is fighting over what gets disclosed, but it does not remove the requirement itself.
<h2 id="step-7-written-agreement">Step 7: Put Your Agreement in Writing</h2>Once disclosures are exchanged, an uncontested case needs the actual terms in writing: how property and debts are divided, support (if any), and a custody and visitation arrangement if you have children. This written agreement is what the judgment paperwork will ultimately reflect, whether you are filing through a Response confirming those terms or through a default accompanied by the signed agreement.
If you find that reaching full agreement is harder than expected once you are looking at the real numbers on FL-150 and FL-142, that is common, and it is worth pausing before you assume your case is still fully uncontested. See the honest guidance in Step 11 below.
<h2 id="step-8-the-waiting-period">Step 8: Wait Out the 6 Month Period</h2>California requires a mandatory 6 month waiting period before any divorce can be finalized, uncontested or not. That clock starts on the date of service in the traditional path, or the date of filing in a Joint Petition case, and it cannot be shortened by agreement, cooperation, or how quickly you finish the other steps. Legal separation has no waiting period, which is one reason some couples file for legal separation first.
Use this time productively: finish disclosures, finalize your written agreement, and prepare your judgment paperwork, so you are ready to submit the moment the waiting period ends rather than starting that work late. For more on how the pieces of the timeline fit together, see How Long Does Divorce Take in California?
Once disclosures are complete and the waiting period has run, the final stage is judgment:
- Form FL-170, Declaration for Default or Uncontested Dissolution, used in default and many uncontested cases to support the judgment request. See How to Fill Out Form FL-170.
- Form FL-180, Judgment, the proposed judgment submitted for the judge's signature, with your written agreement attached. See How to Fill Out Form FL-180.
- Form FL-190, Notice of Entry of Judgment, which the clerk uses to notify both spouses once the judge signs. See How to Fill Out Form FL-190.
Once FL-190 is issued, the divorce is final as of the date stated in the judgment, generally the earliest date allowed under the 6 month waiting period, assuming your paperwork was ready by then.
<h2 id="step-10-fees">Step 10: Fees and Fee Waivers Along the Way</h2>Every filing step in this checklist carries a court fee, generally in the $435 to $450 range per first appearance (so both the initial filing and the Response each carry their own fee in the traditional path, while the Joint Petition carries a single combined fee, listed at $870 by the Self Help Guide). If any of these fees are a barrier, Form FW-001, Request to Waive Court Fees, can waive or defer them based on income. See How to Fill Out Form FW-001 and our broader breakdown, California Divorce Cost, Filing Fees, and Fee Waivers, for the full cost picture beyond court fees.
<h2 id="checklist-at-a-glance">The Full Checklist at a Glance</h2>- Confirm residency: 6 months in California, 3 months in your filing county
- Choose your path: traditional Petition and Response, or the new Joint Petition (FL-700)
- File FL-100 and FL-110 (or FL-700 and FL-710 if filing jointly)
- Serve your spouse and file FL-115, Proof of Service (traditional path only)
- File FL-120, Response, or FL-165 with a written agreement if no Response is filed
- Exchange FL-140, FL-150, and FL-142 or FL-160 within 60 days
- Finalize your written agreement covering property, support, and custody
- Wait out California's mandatory 6 month waiting period
- Submit FL-170 (if applicable) and FL-180 for the judge's signature
- Receive FL-190, Notice of Entry of Judgment
- File FW-001 at any stage if a filing fee is a barrier
Most of this checklist is genuinely manageable without an attorney, and California's self-help system is built around that reality. But be honest with yourself if any of the following show up along the way:
- You and your spouse agree in principle but keep disagreeing on specifics once real numbers (from FL-150 and FL-142) are on the table
- Retirement accounts, pensions, or stock compensation need to be divided, which generally requires additional court orders beyond the basic judgment paperwork
- One spouse owns a business, or there is property in more than one state
- There is any history of domestic violence, coercion, or pressure to sign an agreement you do not fully understand
None of these mean you cannot finish an uncontested divorce, but they are exactly the situations where a licensed California family law attorney earns their fee. See DIY Divorce vs Hiring a Lawyer in California for a fuller comparison of when self-representation makes sense and when it does not.
<h2 id="faqs">Frequently Asked Questions</h2>What forms do I need for an uncontested divorce in California?
At minimum: FL-100 (Petition) and FL-110 (Summons) to start the case, or FL-700 if filing jointly; FL-115 (Proof of Service) unless you filed jointly; FL-120 (Response) or FL-165/FL-170 if proceeding by default; FL-140, FL-150, and FL-142 or FL-160 for financial disclosures; and FL-180 and FL-190 for judgment. FL-105 is added if you have minor children, and FW-001 if you need a fee waiver.
How long does an uncontested divorce take in California?
California requires a mandatory 6 month waiting period before any divorce, contested or not, can be finalized. That clock starts on the date of service (or the date of filing, for a Joint Petition). Most uncontested cases finalize close to that 6 month mark, once disclosures are exchanged and judgment paperwork is ready.
Can I do an uncontested divorce without a lawyer in California?
Yes. California explicitly allows self-representation, and the Judicial Council forms are designed to be completed without an attorney. A document preparation service like Virdix can help you fill them out correctly and consistently, but for straightforward uncontested cases, many people complete the full process on their own.
What is the difference between an uncontested divorce and the new Joint Petition?
An uncontested divorce still uses the traditional Petitioner and Respondent structure, one spouse files first and the other either responds in agreement or lets a default with a written agreement proceed. The Joint Petition (Form FL-700), available since January 1, 2026, removes that structure entirely: both spouses file together as Petitioner 1 and Petitioner 2, with no service and no response deadline. Both paths require full agreement; they differ in how the paperwork starts.
Does uncontested mean I do not need to exchange financial disclosures?
No. Financial disclosures (FL-140, FL-150, and FL-142 or FL-160) are required in every California divorce, contested or uncontested, joint or not. Agreement on terms does not remove this requirement; it just means the disclosures typically go faster since both spouses are cooperating.
What if we agree on everything but my spouse never gets around to filing a Response?
This is common and does not have to stall your case. Once the 30 day Response window has passed, you can file Form FL-165, Request to Enter Default, along with your written agreement, so the judgment reflects what you both actually agreed to rather than proceeding as a true, undefended default. See our guide on what happens when a Response is never filed for the full process.
How Virdix Helps With Uncontested Divorces
An uncontested divorce is won or lost on paperwork discipline: the right form at the right stage, consistent information carried across every filing, and disclosures completed on schedule. Virdix is built for exactly this process:
- Plain-language questionnaire, built on the official Judicial Council forms in this checklist
- A dedicated flow for respondents at /respond, built around the 30 day Response deadline
- Consistency across every form, so names, dates, and case numbers carry through correctly from FL-100 through FL-190
- County-specific guidance, including where and how to file in your Superior Court
Explore our California divorce guides by county, or start your paperwork today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California