The key points
- Agreement should address every issue in the case.
- Preliminary financial disclosures are still required.
- Different procedural routes use different opening forms.
- The 6-month minimum still applies to marital status.
Check the scope of your agreement
Property and debt division, spousal support, and any child-related orders need to be addressed. An agreement is incomplete if a major issue is left for later while the paperwork says everything is settled.
- Identify the property and debts that need to be divided or confirmed.
- Resolve spousal support rather than leaving the question ambiguous.
- If you have children, address custody and parenting time.
- Include child support terms and the required attachments.
- Make the agreement and proposed judgment consistent.
Do not sign terms you do not understand simply to keep the case agreed. A home, pension, business, or complicated debt can justify individual legal review even when communication is cooperative.
For the separate task of recording terms and addressing a breakdown in cooperation, read writing an agreed settlement. This article focuses on how a case with resolved issues proceeds through court.
Choose the procedure that matches the case
In a standard case, one spouse files FL-100 and FL-110. The other spouse may file FL-120. The way the case finishes depends on the response, the agreement, and other procedural details.
A default with agreement is distinct from a case where a Response was filed. Do not assume that not responding is harmless or necessary for an uncontested case. Review the consequences and the court’s instructions before relying on a default.
The joint petition route begins with FL-700 and FL-710 signed by both spouses. There is no initial service of process. It still needs disclosures, a full agreement to finish that way, and a judgment. See filing a joint petition before comparing it with standard forms.
Put financial disclosure ahead of final signatures
California requires preliminary financial disclosures even if you have already discussed money. The formal set creates a record of the financial information exchanged.
The data lists FL-140, FL-150, and FL-142 or FL-160, with FL-141 documenting service. Follow the instructions for which papers are exchanged and which are filed. The fact that a form is in the packet does not mean every attachment goes into the public court file.
Final disclosures may be waived using FL-144 when permitted. This does not erase the preliminary requirement. The forms by stage guide separates disclosure papers from opening and judgment papers.
Turn the agreement into a judgment package
A signed settlement is not the same as a final divorce judgment. You must submit the final forms and relevant attachments for the court to review.
An agreed case can be decided on the papers through a declaration. The set can include FL-170, FL-180, and FL-190, together with the written agreement and any other papers the case requires. FL-182 is the judgment checklist named in the California materials.
There is no blanket rule that nothing in an agreed case needs notarization. A default with agreement can require the respondent’s signature on the agreement to be notarized. Check the instructions for your exact posture rather than applying a statement about judgment signatures to every document.
Agreement changes the work, not the legal minimum
Cooperation can remove the need to ask a judge to decide unresolved terms. It does not waive residency, preliminary disclosure, required paperwork, or the minimum period before marital status ends.
For the standard route, the waiting period runs from service or the respondent’s appearance, whichever comes first. The joint route has filing-based timing. Court review can extend the total time beyond the minimum.
The court fee and paid preparation costs are also separate. Read the cost guide before assuming that an uncontested label produces a specific total price.
Common questions
What is an uncontested divorce in California?
An uncontested divorce generally means the spouses have resolved the issues that need court orders, including property, debts, support, and parenting arrangements where relevant. Agreement does not remove the required disclosures, final paperwork, court review, or statutory minimum waiting period. It is also different from no-fault divorce, which concerns the legal ground for ending the marriage. Use the instructions for your procedural route rather than assuming every agreed case uses identical forms.
Can we have an uncontested divorce with children?
Having children does not by itself prevent agreement. You must resolve child-related issues and use the appropriate forms and attachments. The court must still review the proposed orders.
Do both spouses have to file a Response?
Not necessarily. In a standard case, FL-120 is the respondent’s form, and the respondent has a response period after service. Some agreed cases can finish through a default with agreement when no Response is filed, while a joint petition starts with both spouses filing together. Those routes have different requirements for service, disclosures, and final papers. Use the court instructions for the route you actually choose before deciding not to respond.
Will we have to attend a final hearing?
An agreed case can be approved on written declarations without a court appearance. Do not treat that as a guarantee for every case. Follow any court notices and address requests for corrections or further information.
Does our agreement need a notary?
Check the procedure and the specific agreement. In a default with agreement, California Courts requires the respondent’s signature on the written agreement to be notarized. Other documents have their own signing instructions; a notary is not automatically required on every form. Before signing, confirm whether your spouse filed a Response and review the court’s finalization checklist for that route. A missing required notarization can delay approval of the Judgment.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.