How to Get an Uncontested Divorce in California

An uncontested divorce means that both parties agree to the divorce and there are no outstanding issues between them that need to be addressed by the court. Filing an uncontested divorce is a good, low cost option in the following circumstances:

There are no children born during the marriage
The marriage was short
There are no property division issues.
The parties have settled all of their issues prior to the filing of the divorce through a separation or property settlement agreement.

General Divorce Procedure

It is possible to get an uncontested divorce in California without ever setting foot in court. Papers can be filed by fax and the parties have to meet certain requirements to qualify for the uncontested divorce.

The marriage must have lasted five years or less
The spouses must sign a joint petition for summary dissolution of marriage and meet the residency requirements.
The marriage is irreparable due to irreconcilable differences;
there are no children born of or adopted during the marriage;
the wife is not pregnant;
neither spouse owns real estate;
there are no unpaid debts exceeding $4000 incurred during the marriage;
the total value of community property (including any differed compensation or retirement plans but excluding cars and loans) is less than $25000;
neither spouse has separate property (excluding cars and loans) exceeding $25000 in value;
the spouses have signed an agreement regarding the division of their assets and their liabilities and have signed any documents or given proof of any transfers necessary to effectuate an agreement;
the spouses waive any rights to spousal support (maintenance);
the spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment;
the spouses have read and understood the summary dissolution of marriage brochure available from the County Clerk;
Both spouses want the marriage to be dissolved. Official mandatory and optional forms for filing for a summary Dissolution of marriage are available from the County Clerk of any county.

There is a six-month waiting period before the uncontested divorce becomes final. During that time, either party could revoke the acceptance of the uncontested divorce.

When to Call a Lawyer

It is possible to complete an uncontested divorce without the assistance of a lawyer. The California Court has an online system to help you complete the filing, however, at the very least it would be wise to consult with legal counsel to determine if an uncontested divorced is the best option for your situation.

Thinking About Divorce?