Agreed (uncontested) divorce in California: how does it work and how long does it take?

An agreed divorce in California still uses the court's forms, financial disclosures and a signed judgment, but no trial. Spouses can start with a regular petition and finish on a written agreement, file a Joint Petition (FL-700, available since January 1, 2026), or, in very limited cases, use summary dissolution. Either way, the marriage cannot end sooner than six months: from service or appearance in a regular case (Family Code § 2339), and six months and one day from filing for a Joint Petition.

"Uncontested" is not a separate kind of divorce in California. It describes a case where the spouses agree on every issue the judgment must decide: property, debts, support and, if there are children, custody and parenting time. The court still has to receive the right papers in the right order. This page compares the routes, lists the forms and explains what takes the time. The overall process is on the page explaining how divorce works in California, from filing to final judgment.

An agreed case saves the cost and stress of a trial, but it does not skip the law. Financial disclosure is still required, a judge still reviews the agreement, and the waiting period still applies. An agreement that leaves issues out can be rejected by the court.

The routes to an agreed divorce

1. Regular petition, then a written agreement. One spouse files a Petition (FL-100) and Summons (FL-110) and has the other served, as described on the page about filing for divorce in Orange County. The spouses then sign a written agreement. To finish, the state self-help guide lists an Appearance, Stipulations, and Waivers form (FL-130) signed by both spouses, a Declaration for Default or Uncontested Dissolution (FL-170), and a Judgment (FL-180) with the signed agreement attached. On this route the guide says neither signature on the agreement needs to be notarized.
2. Default with agreement. If the served spouse never files a Response but does sign an agreement, the case can finish as a default with agreement. The self-help guide says it must be at least 30 days since service, the spouse must not have filed a Response, and the spouse's signature on the agreement must be notarized. The forms are a Request to Enter Default (FL-165), FL-170 and FL-180, with the agreement attached.
3. Joint Petition. Since January 1, 2026, both spouses can start the case together on a Joint Petition (FL-700) and Joint Summons (FL-710), listed as Petitioner 1 and Petitioner 2. The statewide fee is $870, covering both. You do not need a full agreement to file, but you must reach one by the end. No temporary orders can be requested while the joint petition stands.
4. Summary dissolution. Couples who meet every condition in Family Code § 2400 can file a Joint Petition for Summary Dissolution (FL-800). The conditions are strict, and they are set out in the table below.

What every agreed divorce still requires

Financial disclosure. Each spouse serves a preliminary declaration of disclosure under penalty of perjury, with the tax returns filed in the past two years (Fam. Code § 2104(a)). On a Joint Petition, the Judicial Council's information sheet says both spouses serve their disclosures within 60 days of filing. Each spouse files a Declaration Regarding Service of Declaration of Disclosure (FL-141). The final declaration can be waived only by a mutual waiver made under penalty of perjury, which must state, among other things, that both preliminary declarations were completed and exchanged and that the waiver is knowing, intelligent and voluntary (§ 2105(d)). The form for that waiver is FL-144.

A complete agreement. The self-help guide warns that the written agreement must cover every issue in the case, including how property and debts are divided and whether either spouse pays spousal support, and with children, custody, visitation and child support too. If it leaves something out, the court may reject the judgment.

A judgment the judge signs. The marriage ends only on the date stated in the signed judgment. The judgment checklist (FL-182) lists the forms the court may require; with children, extra forms go in, such as the Notice of Rights and Responsibilities (FL-192) attached to the judgment and the Child Support Case Registry Form (FL-191) filed separately.

What changes the answer?

• Children. A parenting plan agreed by both parents goes to the judge for review. The Orange County court says the court will usually approve plans the parents have agreed to, and that a signed plan becomes an enforceable court order. The legal standard is still the child's best interest, explained on the page about how California courts decide custody and visitation.
• Domestic violence. The Judicial Council's information sheet says that if there has been domestic violence or a protective or restraining order, the joint petition process may not be right for you, and a different process can be used. Protection is available whether or not you file for divorce; see the page explaining how to get a domestic violence restraining order in Orange County.
• A change of mind. Either spouse can revoke a Joint Petition before judgment without the other's or the judge's approval, using a Notice of Revocation (FL-720) with an amended Petition or Response. The case does not close and the Summons restraining orders stay in place; it continues as a regular divorce.
• Public assistance. If either parent receives CalWORKs, the information sheet says child support is made payable to the local child support agency, and a representative of that agency must also sign the proposed judgment.
• Property abroad or a mahr. An agreement must still list and divide the community estate, including property in Iran, and a mahr written into an Iranian marriage contract may need to be addressed in it. The page on whether a mahr is enforceable in a California divorce explains how California law treats it.
• Summary dissolution limits. If any § 2400 condition was not met when the petition was filed, the court must set aside the summary dissolution judgment on all matters except marital status (§ 2405(b)).

A worked example

For example, imagine Leila and Arash, a hypothetical Persian-speaking couple in Irvine with a six-year-old son, who have decided together to divorce. They agree that their son will live mostly with Leila and spend alternate weekends and Wednesday evenings with Arash, and they have a rough plan for the condo and their savings. Arash's parents gave him a share of an apartment in Tehran years before the marriage.

Because they have a child and own a condo, summary dissolution is not available. Because neither expects to need temporary orders, they choose a Joint Petition. They file FL-700, FL-710 and the UCCJEA declaration (FL-105) at the Lamoreaux Justice Center in Orange and pay $870 together, which, according to the Judicial Council's information sheet, starts the clock toward the earliest divorce date six months and one day later. Within 60 days, each serves a preliminary disclosure. Arash lists the Tehran apartment as separate property; the page on property in Iran in a California divorce explains why it still belongs on the list.

They write an agreement covering custody, the parenting schedule, child support, the condo, the savings and a waiver of spousal support, sign FL-130 and FL-144, and one of them signs FL-170. They submit the proposed Judgment (FL-180) with the agreement attached, FL-192, FL-191 and a proposed Notice of Entry of Judgment (FL-190). If, three months in, they disagreed about the condo and Leila needed a support order, she would revoke the joint petition with FL-720 and file a Request for Order, and the case would continue as a regular divorce without starting over.

Common mistakes in agreed divorces

• Skipping disclosures because "we agree". A judgment entered without the required disclosures must, with limited exceptions, be set aside, and the statute says that failure is not harmless error (§ 2107(d)).
• Leaving an issue out of the agreement. The self-help guide warns that an agreement missing property, debts, support or, with children, custody may lead the court to reject the judgment.
• Forgetting the notary in a default with agreement. When the other spouse never filed a Response, the guide says that spouse's signature on the agreement must be notarized.
• Choosing summary dissolution without checking every condition. One unmet condition, such as owning any part of land or a building anywhere, rules it out.
• Using a Joint Petition when a temporary order may be needed. Temporary orders require revoking it first.
• Assuming agreement makes the divorce immediate. The six-month rules apply to every route; the timing is covered on the page about how long a California divorce takes.

What to do this week

1. List every issue the judgment must decide: property, debts, spousal support and, with children, custody, parenting time and child support.
2. Check the summary dissolution conditions line by line against your situation.
3. Decide whether either of you may need temporary orders before the end, which points to a regular petition instead of a Joint Petition.
4. Gather two years of tax returns and statements for every account and property, in California and abroad, for the disclosures.
5. Find your marriage contract and arrange a sworn English translation if it is in Persian, especially if it sets a mahr.
6. Read about the attorney on the about page.
7. Have the draft agreement reviewed before anyone signs it; book a meeting through the contact page.

Frequently asked questions

How long does an uncontested divorce take in California?

The marriage cannot end sooner than six months after service or appearance in a regular case (§ 2339(a)), or six months and one day after filing a Joint Petition. How soon after that depends on how quickly the disclosures, agreement and judgment papers are completed and reviewed.

Do we have to go to court for an agreed divorce?

Not necessarily. The self-help guide explains that FL-130 waives certain rights, like the right to a trial, which allows the judge to approve the agreement without a court hearing.

Does the agreement have to be notarized?

When both spouses appear and sign FL-130, the self-help guide says neither signature needs to be notarized. In a default with agreement, where the other spouse never filed a Response, that spouse's signature must be notarized.

Can we use a Joint Petition if we have not agreed on everything yet?

Yes, if you plan to agree. The self-help guide says you only need to list the issues you plan to work out, but you must agree by the end or change to a regular divorce. It also says not to file one if you do not think you will be able to agree.

What is the difference between a Joint Petition and summary dissolution?

Summary dissolution is limited to couples who meet every condition in § 2400, including no children and a marriage of five years or less to separation. The Joint Petition, available since January 1, 2026, has no such limits, but both spouses must agree on all issues by the end.

Can we waive the final declaration of disclosure?

Yes, by a mutual waiver under penalty of perjury (§ 2105(d)), on form FL-144 signed by both spouses. The preliminary declarations must still be completed and exchanged first.

What if one of us changes our mind during a Joint Petition?

Either spouse can revoke it before judgment with a Notice of Revocation (FL-720) and an amended Petition or Response. The case continues as a regular divorce under the same case number, and the standard restraining orders on the Joint Summons remain in effect.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in divorce matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.