How To File for Divorce in California When Both Parties Agree? 2025

Filing for divorce can be a huge undertaking, but if both spouses are willing to agree on the terms of the divorce, it can be a much more comfortable experience. Understanding how to file for divorce in California when both parties agree is the first step toward navigating this transition with clarity and efficiency. An uncontested divorce allows couples to reach mutually satisfactory resolutions regarding property, support, and child custody without prolonged court battles.

This collaborative approach not only saves time and money but also relieves the stress of the situation for everyone. Once you’ve done the legal homework and ensured all agreements are compliant with California law, you can take action.

Step-by-Step Guide to Filing for Divorce in California When Both Parties Agree

Not every divorce is easy, but if you have a mutual agreement with your spouse, the process can be more efficient and less stressful. Here’s a step-by-step guide on how to pursue an uncontested divorce in California.

Step 1: Meet California’s Residency Requirements

You need to make sure you qualify under California residency requirements before filing for divorce. At least one partner must have resided in the state for six months and in the county where the divorce is to be filed for three months. If you fail to meet these standards, the court may reject your divorce petition.

Step 2: Print and Sign the Required Forms

A divorce starts with completing and filing the Petition for Dissolution of Marriage (FL-100) and Summons (FL-110). These documents detail your intentions to end the marriage and notify your spouse. If you have children, additional custodial and support forms may also be required. Once the forms are done, turn them in to the court and pay the filing fees.

Step 3: Distribute the Divorce Documents

Even when a divorce is not litigated, the opposing spouse has to receive the divorce documents so that they are legally made aware of the proceedings. The service must be by a third party other than the filing spouse, such as a professional process server.

Step 4: Answer the Petition

Whether both spouses concur or not, the responding spouse typically submits a Response (FL-120) expressing their thoughts of the terms of the petition.

Step 5: Prepare and Sign a Marriage Settlement Agreement

A Marital Settlement Agreement (MSA) is a comprehensive agreement that lays out mutually agreed-upon property division, child support, and parenting time arrangements. This agreement must be read and signed by both sides to codify the understanding. You want to make sure that this document conforms to California law so you don’t run into any issues down the line.

Step 6: Provide Final Documents to the Court

Once the settlement agreement is completed, bring it to court along with a Judgment (FL-180) and any other paperwork you may need. These records close out the divorce, and the judge can approve the arrangement.

Step 7: Wait for the Final Judgment

A divorce in California may be finalized after six months. In the meantime, the court reviews the settlement and passes a judgment if all is well. Once the waiting period has ended, the judge issues a final divorce decree.

FAQs

Q: What Happens if We Disagree After Filing for an Uncontested Divorce?

A: When disputes arise after an uncontested divorce is filed, the divorce can become a contested divorce. This may include going to court to settle claims to property, custody, or support. To prevent this, you should carefully negotiate all conditions prior to submission and record the deal in writing. You can avoid conflict by engaging an attorney with expertise in family law and making sure both sides are on the same page.

Q: Is Mediation Necessary for an Uncontested Divorce?

A: Mediation isn’t required for uncontested divorces but it can come in handy if minor differences come up during the divorce process. Mediation allows spouses to work through disputes without going to court. Mediation might not be necessary for couples who have already worked out the terms of their divorce. Nonetheless, it’s always good to hire a lawyer to make sure contracts meet California laws.

Q: Can We Share One Lawyer for an Uncontested Divorce?

A: You typically cannot share one lawyer for any divorce. Each spouse must have their own lawyers, even in uncontested cases. This ensures there is no conflict of interest. Although spouses may agree on all terms, a divorce can quickly become uncontested. A lawyer cannot fairly represent the interests of both parties in the same divorce case.

Q: How Long Does an Uncontested Divorce Take to Finalize in California?

A: California mandates a waiting period of six months for all divorces before they can be finalized, so an uncontested divorce takes at least six months to finalize. This waiting period gives both parties a chance to confirm their decision and also ensures compliance. The divorce process can take longer depending on the number of cases the court is hearing, but most uncontested divorces go through shortly after the waiting period ends.

Q: Do Both Spouses Have to Attend Court for an Uncontested Divorce?

A: You don’t need to go to court if you have an uncontested divorce in California. When both spouses can agree on all divorce matters and complete the paperwork correctly, a divorce is declared final by the court without a hearing. This saves time and alleviates anxiety. Make sure everything is complete and complies with California law to avoid delays or issues with finalizing your divorce

Contact a California Divorce Attorney

Filing for divorce in California when both parties agree can be a straightforward process if you follow the correct steps and prepare accurate documents. By collaborating with an experienced firm that can ensure you are in full compliance with California state law, you can save yourself time, money, and frustration. For help with filing, contact Cianci Law, PC, today to set up a consultation and take the first step toward a painless, productive divorce process.