California · Uncontested divorce · Updated Oct 2026

Uncontested divorce in California

For spouses in California who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

The short answer

Here is how California handles a divorce when both spouses agree. Yes, two.

Who can file (residency)
6 months (with exceptions)
Waiting period
6 months after service
Filing fee
$435–$450
E-filing
Yes

Who can use the process for agreed cases in California

  • Yes, two.
  • Summary dissolution: married less than 5 years, no children together, no real estate, debts under $7,000 (not counting car loans), community property under $57,000 and each spouse's separate property under $57,000, and no spousal support.
  • Joint petition (FL-700): both spouses file together if you expect to agree on everything; you still exchange disclosures and wait 6 months.

Before you file in California

Who can file (residency)
You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months. If you don't qualify yet, you can file for legal separation and change it to a divorce later. Some same-sex couples married in California can file here even if they live elsewhere.
Waiting period
Divorce takes at least 6 months. The earliest your marriage can end is 6 months after your spouse is served or responds (or after you file a joint petition). Legal separation has no waiting period.
Law
Cal. Fam. Code 2320 · Cal. Fam. Code 2339

Forms, fees and filing in California

Official forms
Divorce forms (California courts)
Court self-help
Divorce self-help (California courts)
Filing fee
$435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Your spouse pays a similar fee to respond.
If you can't afford the fee
Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver
E-filing
Yes, if your county court allows e-filing; check your court's website.

If your spouse agrees to sign

Someone 18 or older who is not you must hand your spouse the papers, or your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117) if served by mail.

If you agree on only some issues

If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. Fam. Code 3170. https://selfhelp.courts.ca.gov/child-custody

An uncontested divorce in California, step by step

  1. Check that you can file in California

    You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months.

  2. See if you qualify for the simpler process

    Yes, two.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (California courts)

  4. File, and pay the fee or ask for a waiver

    $435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Can't afford it? Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver. Yes, if your county court allows e-filing; check your court's website.

  5. Have your spouse sign or be served

    Someone 18 or older who is not you must hand your spouse the papers, or your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117) if served by mail.

  6. Wait out the waiting period

    Divorce takes at least 6 months.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in California

Is there a simplified divorce for agreed cases in California?

Yes, two. Summary dissolution: married less than 5 years, no children together, no real estate, debts under $7,000 (not counting car loans), community property under $57,000 and each spouse's separate property under $57,000, and no spousal support. Joint petition (FL-700): both spouses file together if you expect to agree on everything; you still exchange disclosures and wait 6 months.

How long does an uncontested divorce take in California?

Divorce takes at least 6 months. The earliest your marriage can end is 6 months after your spouse is served or responds (or after you file a joint petition). Legal separation has no waiting period.

Who can file for an uncontested divorce in California?

You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months. If you don't qualify yet, you can file for legal separation and change it to a divorce later. Some same-sex couples married in California can file here even if they live elsewhere.

Does my spouse have to be served if we agree in California?

Someone 18 or older who is not you must hand your spouse the papers, or your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117) if served by mail.

Can we file for divorce online in California?

Yes, if your county court allows e-filing; check your court's website.

How much does it cost to file an uncontested divorce in California?

$435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Your spouse pays a similar fee to respond.

Is mediation required in California?

If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. Fam. Code 3170. https://selfhelp.courts.ca.gov/child-custody

More about divorce in California

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.