Uncontested Divorce California Check List

A Fair Way Mediation has been helping couples obtain a peaceful and affordable divorce for over 3 decades. If you need help with your divorce, please reach out to us for a complimentary consultation! Below you will find a checklist of documents for an uncontested divorce in California.

An uncontested divorce in California occurs when both spouses agree on all aspects of their divorce, including the division of assets, child custody and support, and any other relevant matters. Here is a checklist to guide you through the uncontested divorce process in California:

Determine Eligibility:

Both spouses must agree on all terms of the divorce.

At least one spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months.

Complete Required Forms:

FL-100: Petition for Dissolution of Marriage
FL-110: Summons
FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if you have minor children)
FL-160: Property Declaration (if you have community property to divide)
FL-150: Income and Expense Declaration (if requesting support)

Disclose Financial Information:

FL-140: Declaration of Disclosure
FL-142: Schedule of Assets and Debts
FL-150: Income and Expense Declaration
Tax returns for the past two years

Draft and Sign Agreement:

FL-160: Property Declaration (for property and debt division)
FL-350: Stipulation for Entry of Judgment (for child custody, visitation, and support, if applicable)
FL-341: Child Custody and Visitation Order Attachment (if applicable)
FL-343: Parenting Plan Attachment (if applicable)
FL-191: Child Support Case Registry Form (if applicable)
FL-195: Income Withholding for Support (if applicable)

File Forms with the Court:

File all required forms with the court, along with any applicable fees or fee waiver request (FW-001).

Serve Papers:

Serve your spouse with copies of the filed paperwork (except the summons), using a neutral third party or a professional process server.

Proof of Service:

Complete FL-115: Proof of Service of Summons and file it with the court.

Wait for Response:

If your spouse agrees with the terms of the divorce, they should sign and file the FL-130: Appearance, Stipulation, and Waivers form.

File Final Forms:

FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation
FL-180: Judgment of Dissolution of Marriage
FL-190: Notice of Entry of Judgment
FL-195: Income Withholding for Support (if applicable)

Submit Final Forms to the Court:

Once all the necessary forms are completed and signed, submit them to the court clerk for review and processing.

Wait for Judgment:

The court will review your paperwork and, if approved, will issue a final judgment dissolving your marriage.

Receive Final Judgment:

The court will mail you the final judgment, and your divorce will be finalized.

It is essential to ensure all forms are correctly completed and filed to avoid delays in the process. Consider consulting with a family law attorney or using online resources to assist you with the paperwork.