Uncontested divorce in California

    When you agree, your case follows a shorter path

    If you and your spouse agree on property, support, and custody, your case can move through California's system without a trial. Virdix's guided flow is built for the uncontested path, including the newer Joint Petition option, and prepares the agreement paperwork the court expects.

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    6 months  minimum waiting period, agreed or not
    FL-700  the newer Joint Petition option
    Still required  financial disclosures, even when you agree
    What agreement changes
    Uncontested skips the fight, not the paperwork.
    Agreeing on terms removes the need for a trial. It doesn't remove financial disclosures, the 6-month wait, or the requirement to put your agreement in writing.

    Two ways to file when you agree

    Both paths require full agreement on the terms of your divorce. They differ in how the case starts.

    Traditional uncontested divorce

    • One spouse files as Petitioner (FL-100) and Summons (FL-110)
    • The other spouse is served and can respond (FL-120) in agreement, or a default with a written agreement can proceed
    • Both spouses exchange financial disclosures
    • A written Marital Settlement Agreement documents the terms

    Joint Petition (FL-700), since Jan 1, 2026

    • Both spouses file together as Petitioner 1 and Petitioner 2
    • No service of process and no 30-day response deadline
    • Still requires full agreement on all terms from both spouses
    • Same financial disclosure and 6-month waiting period rules apply

    Not sure which fits your situation? See the full Joint Petition vs. regular divorce petition comparison.

    The stages of an uncontested case

    1

    Confirm you actually agree

    Agreement covers property and debt division, spousal support, and custody and support if you have children. Partial agreement with one open issue is still a contested case until that issue resolves.

    2

    Start the case

    File FL-100 and FL-110 in the traditional path, or FL-700 if filing jointly. Add FL-105 if you have minor children together.

    3

    Exchange financial disclosures

    Both spouses complete FL-140, FL-150, and FL-142 or FL-160, regardless of which filing path you used.

    4

    Put your agreement in writing

    A Marital Settlement Agreement documents exactly what you've agreed to, so the judgment reflects your actual terms rather than defaulting to what one spouse originally requested.

    5

    Wait out the 6-month period, then submit judgment

    Once the mandatory waiting period passes and your disclosures are complete, you file FL-180 and FL-190 to finalize your case.

    Both agreed? Start together.

    Virdix supports both the traditional uncontested path and the newer Joint Petition, with the agreement paperwork built in. Free during open beta.

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    Uncontested divorce questions

    What makes a California divorce 'uncontested'?

    A divorce is uncontested when both spouses agree on every major issue: property and debt division, spousal support, and child custody and support if there are children. Agreement can happen from the start or develop during the case; either way, once you're aligned on terms, the case follows the uncontested path rather than going to trial.

    What forms do I need for an uncontested divorce?

    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; a Response or a default request if the other spouse doesn't file one; 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.

    What is the difference between the Joint Petition and a traditional uncontested divorce?

    A traditional uncontested divorce still uses the Petitioner and Respondent structure: one spouse files first, and the other agrees, responds, 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 with no service and no response deadline. Both paths require full agreement; they differ in how the paperwork starts.

    Does uncontested mean we skip 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 doesn't remove this requirement; it usually just means the disclosures go faster since both spouses are cooperating.

    Can an uncontested divorce become contested later?

    Yes. If new disagreements come up during the case, such as over how to divide a specific asset, the case can shift toward a contested path. Preparing thorough, accurate paperwork from the start reduces the chances of that happening over a misunderstanding rather than a real dispute.

    Virdix is a self-help document preparation service, not a law firm, and does not provide legal advice. If your case involves domestic violence or you fear for your safety, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.