How do I file for divorce in California if my spouse and I agree on all issues?
When you and your spouse agree on all issues, you can file for an "uncontested dissolution" in California. This process involves filing a joint agreement with the court, which is simpler and faster than a contested divorce.
Here is how to file for an uncontested divorce:
Step 1: Start the Divorce Case
One spouse, the "Petitioner," must fill out and file a Petition (Form FL-100) and a Summons (Form FL-110) with the local superior court. You can find forms on the California Courts website. You must pay a filing fee unless you qualify for a fee waiver.
Step 2: Formally Notify Your Spouse
The Petitioner must have another adult (not them) serve the divorce papers on the other spouse, the "Respondent." The server then completes and files a Proof of Service of Summons (Form FL-115) with the court.
Step 3: Complete Financial Disclosures
Both you and your spouse must complete and exchange financial disclosure documents, including a Declaration of Disclosure (Form FL-140) and an Income and Expense Declaration (Form FL-150). You must file a form with the court stating this has been done.
Step 4: Write and Sign Your Agreement
You must write a Marital Settlement Agreement (MSA) that details your agreements on all issues, including property division, debt allocation, and any spousal support. Both spouses must sign the MSA, and it is best to have it notarized.
Step 5: File Final Judgment Forms
After at least six months have passed from the date the Respondent was served, you can submit your final judgment forms. These include your signed MSA, a Judgment form (FL-180), and several other supporting forms. If everything is complete, a judge will sign it and your divorce will be final.
Important considerations:
If you have been married for less than five years, have no children together, and have very limited assets and debts, you may qualify for a simpler process called a "Summary Dissolution." This process uses a different set of forms. The six-month waiting period is mandatory in all California divorces; your divorce cannot be final before that time expires.
Note:
Failing to complete the financial disclosures or properly file the final judgment paperwork are common mistakes that can delay your case. The court clerk cannot give you legal advice.
This is general information and does not constitute legal advice. For complex situations, such as those involving retirement accounts, a business, or real estate, you should consult with a qualified California attorney to review your agreement.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 46
Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
View All Questions