Uncontested Divorce in California: Start to Finish

Uncontested Divorce in California: The Step-by-Step Process (Start to Finish)

If you and your spouse already agree on everything (property, debts, support, and—if you have kids—a parenting plan), California lets you finish your divorce without a trial. That’s what people usually mean by an “uncontested divorce.” Even so, the court still requires specific forms, proper service, financial disclosures, and a final judgment packet that follows the rules.

Before you start, there are two important eligibility rules people often miss. First, at least one spouse must have lived in California for at least six months (and in the county where you file for at least three months) before you can file the divorce paperwork. Second, custody and visitation orders are usually tied to whether California is the child’s “home state.” In most cases, that means the child must have lived in California for at least six months immediately before the case begins (with special rules for very young infants). Residency rule: Family Code § 2320. Child custody jurisdiction (“home state”): Family Code § 3421.

1) Start the case: Petition, then Service (this starts the 6-month waiting period)

The first step is filing the initial paperwork that opens the case. In most uncontested California divorces, the spouse who starts the case (the “Petitioner”) files FL-100 (Petition) and FL-110 (Summons). If you have minor children together, you also file FL-105 (UCCJEA).

After the petition is filed, the next step is the one that actually “activates” the divorce timeline: service. California has a mandatory waiting period, and your marital status generally can’t end until at least six months have passed from the date the Respondent is served (or makes an appearance). This is why service matters so much. Waiting period rule: Family Code § 2339.

Most people use personal service: someone over 18 who is not a party serves the filed petition and summons in person and then the court gets a Proof of Service of Summons (FL-115) filed. If your spouse is cooperative, there is also an alternative that avoids personal hand-off. The form you were looking for is FL-117 (Notice and Acknowledgment of Receipt). With FL-117, you mail the documents and your spouse signs the acknowledgment—service is complete once it’s signed and returned. Service overview: CA Courts Self-Help.

2) The Response: either they file it, or you finish by default with an agreement

After service, the Respondent has a window to respond. If they do respond, the usual form is FL-120 (Response), plus FL-105 if children are involved. In uncontested cases, it’s common for the Response to be served back by mail, by email if you’ve agreed to electronic service, or by personal delivery.

If the Respondent does not file a Response, you can still finish an uncontested divorce. Many couples do a “default with agreement” style judgment packet, where the Respondent doesn’t formally respond but still signs the settlement/judgment paperwork. Different counties can have slightly different preferences about how the final packet is assembled, so this is one place where local filing practices matter.

3) Financial Disclosures: exchanging information, even when you trust each other

Even in friendly divorces, California expects both spouses to exchange financial information so that the agreement is made with full knowledge. These are called preliminary disclosures, and they’re usually exchanged early in the case.

In plain terms, disclosures are your way of showing each other: “Here’s what I earn, here’s what I own, and here’s what I owe.” The common disclosure forms include:

• FL-140 (Declaration of Disclosure cover sheet)
• FL-150 (Income and Expense Declaration)
• FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration)
• FL-141 (Declaration Regarding Service of Disclosure) — this is the proof you served your disclosures

Your instinct about tax returns was close, but the usual rule for preliminary disclosures is tax returns filed in the last two years before disclosures are served (not three). Tax return rule: Family Code § 2104 . FL-141: Judicial Council form FL-141 .

In many uncontested cases, couples can also waive final disclosures as part of a settlement, but you still want the initial disclosure step done correctly because it helps protect the judgment from being challenged later.

4) Judgment: turning your agreement into court-signable paperwork

This is usually the most complex part of an uncontested divorce: converting your agreement into the exact forms the court needs to sign. Think of it as two layers:

The written agreement (often called a Marital Settlement Agreement or Stipulated Judgment), and

The required judgment forms that match your agreement.

Your written agreement is where you spell out the “real life” decisions: how property and debts are divided, whether anyone pays spousal support, and—if applicable—how custody, visitation, and child support will work. The agreement should be specific enough that someone could read it months later and still know exactly what is supposed to happen and when (for example: refinance deadlines, move-out dates, who pays which credit card, etc.).

The forms you listed are commonly used for uncontested judgment packets, including:

• FL-130 (Appearance, Stipulations, and Waivers)
• FL-170 (Declaration for Default or Uncontested Dissolution)
• FL-180 (Judgment)
• FL-190 (Notice of Entry of Judgment)

You also mentioned FL-144. That one is used in certain default judgment workflows; some counties use it more than others depending on the pathway you’re using and whether you’re submitting a true default packet versus a stipulated judgment packet. Written-agreement finalization guide: CA Courts Self-Help — finalize with written agreement .

If you have children, you’ll usually add additional child-related attachments (parenting plan language, support forms, and sometimes local forms depending on the county). If you have retirement accounts like 401(k)s or pensions, it’s also important to know that the judgment often sets the division rule, but the actual division may require a separate follow-up order called a QDRO later.

One key note you already included is worth keeping: child support is usually modifiable. Even if you agree today, either parent can typically ask the court to modify support later if there is a significant change in circumstances (income change, timeshare change, etc.). That’s normal and it’s part of how California support law works.

5) What happens after the judge signs?

Once the court signs the judgment, the clerk processes it and issues the Notice of Entry of Judgment (FL-190). Your divorce does not become “final” immediately in the sense of marital status ending the same day—your marital status termination date is usually tied to the six-month waiting period (and the date requested in the judgment paperwork), so many people receive a signed judgment while still waiting for the termination date to arrive.