Uncontested Divorce in California: Step by Step

Divorce doesn't have to mean a courtroom battle. When both spouses agree on the big issues — property, support, and parenting — California offers an uncontested path that is far less expensive and stressful. Here's how it generally works.

Step 1: Meet the Residency Requirement

To file for divorce in California, at least one spouse must have lived in the state for the last 6 months, and in the county of filing for the last 3 months.

Step 2: File the Petition

The case starts when one spouse files a petition and summons with the superior court and pays the filing fee (fee waivers are available for those who qualify). California is a "no-fault" state — the standard ground is irreconcilable differences.

Step 3: Serve Your Spouse

The other spouse must be formally served with the paperwork by someone over 18 who is not a party to the case. In an uncontested case, this is usually simple and cooperative.

Step 4: Financial Disclosures

Both spouses exchange declarations of disclosure listing income, expenses, assets and debts. Complete, honest disclosures are required — this step protects both of you and keeps the judgment enforceable.

Step 5: The Written Agreement

The spouses put their agreement about property division, support, and (if there are children) custody and visitation into a written settlement that becomes part of the judgment.

Step 6: Judgment — and the Six-Month Rule

The court reviews and enters the judgment. California has a mandatory waiting period: your marriage cannot legally end sooner than 6 months and 1 day after the respondent was served. Most uncontested cases are resolved entirely by paperwork, with no court appearance.

Where Document Preparation Fits In

The uncontested process is paperwork-heavy: petitions, proofs of service, disclosures, settlement terms and judgment packets, all to court standards. That's exactly what We The People has done since 1985. You make every decision; we prepare the documents at your direction — typically at 50–70% less than what attorneys charge. If a disagreement arises or you need advice about your rights, we'll point you to free attorney referral services.