Uncontested Divorce in California: Joint Petition, Summary Dissolution or Default

California family law · Last reviewed September 29, 2026

Most California divorces never go to trial. The spouses agree, or one of them doesn't respond, and the case ends with paperwork rather than testimony. California now offers three distinct ways to get there, and choosing the right one affects the fees, whether anyone has to be served, and when the six-month clock starts.

Which path fits your case?

The three paths compared

	Summary dissolution	Joint petition (new in 2026)	Standard petition, uncontested or default
Main form	FL-800	FL-700 and FL-710	FL-100 and FL-110
Who can use it	Short marriages with few assets and no children (limits below)	Any couple who intend to resolve every issue by agreement	Anyone
Filing fees	$435 total	$870 total	$435, plus $435 if your spouse responds
Service on your spouse	Not needed	Not needed	Required
Six months run from	Filing	Filing	Service, or your spouse's appearance
Temporary court orders	Not available	Not without leaving the joint track	Available
Spousal support	Must be waived	Can be agreed	Can be agreed or decided
Court appearance	Usually none	Usually none	Usually none if uncontested

Summary dissolution

Summary dissolution is California's simplest divorce, designed for short marriages with little to divide. Both spouses file one joint petition, share one $435 fee, and the court enters judgment after six months without a hearing.

Who qualifies

Every condition in Family Code § 2400(a) must be true when you file. The statute's core conditions:

(3) There are no children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and neither party, to that party’s knowledge, is pregnant. (4) The marriage is not more than five years in duration as of the date of separation of the parties. (5) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements: (A) The lease does not include an option to purchase. (B) The lease terminates within one year from the date of the filing of the petition.

The statute's dollar limits ($4,000 in debts and $25,000 in property) are adjusted for inflation every odd-numbered year, and the Judicial Council publishes the current figures (§ 2400(b)). The limits on the current forms, FL-800 and FL-810 (revised April 28, 2025), are:

Limit	Current figure	What it excludes
Debts incurred since the marriage	$7,000 or less	Car loans
Community property	Less than $57,000	Cars and any debt owed on the property
Each spouse's separate property	Not more than $57,000	Cars and any debt owed on the property

The next adjustment is due January 1, 2027. You must also:

meet the residency requirement (six months in California and three months in the county, for one of you);
have signed an agreement dividing your property and debts;
give up any right to spousal support;
give up your rights to appeal and to ask for a new trial once judgment is entered; and
both read the Judicial Council's summary dissolution booklet, form FL-810.

Note that a marriage of exactly five years qualifies: the statute says "not more than five years." A few official materials say "less than five years"; the statute controls.

How it works

File FL-800 together, with your property agreement, and exchange income and expense declarations and property worksheets as the forms direct. Six months after filing, either spouse can ask for the judgment (form FL-825), and under § 2403(a) "the court shall, unless a revocation has been filed … enter the judgment dissolving the marriage." Either spouse can back out before then. Under § 2402(a), "At any time before the filing of application for judgment," either party may revoke the petition by filing form FL-830 and mailing a copy to the other.

From January 1, 2027, AB 1875 lets the court reduce or waive the summary dissolution's six months for good cause (new § 2403(b)).

Domestic partners registered in California who meet the same limits can end the partnership through the Secretary of State instead of the court.

The joint petition (since January 1, 2026)

Before 2026, a couple who agreed on everything but didn't fit summary dissolution's narrow limits still had to use the standard two-sided process: one spouse filed, the other was served and responded. SB 1427 (Stats. 2024, ch. 190) created a middle path. Now any couple, with children, real estate, retirement accounts and a long marriage, can start the case together.

What you file

Form FL-700, Joint Petition—Marriage or Domestic Partnership, and form FL-710, Summons—Joint Petition. The court rules were amended for the new procedure: rule 5.16 names the spouses Petitioner 1 and Petitioner 2, and rule 5.68 covers service after a revocation. The petition lists the issues you intend to resolve by agreement. Family Code § 2330(c)(3)(B) sets the key condition:

(B) The list of issues required by subparagraph (A) shall represent all of the matters at issue in the dissolution. If the parties have an issue that they do not intend to resolve by agreement, they shall file a petition pursuant to subdivision (b).

You don't have to have reached agreement when you file. The self-help guide explains: "You don’t need to agree on everything before you file. You only need to list the issues you plan to work out. But you will have to agree by the end, or you'll have to change to a regular divorce."

Why couples choose it

No service. Under § 2331(b), "the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court and both parties shall be determined to have appeared in the matter."
The clock starts at filing. Because filing counts as service, the six months run from the day you file.
Both spouses start on equal footing. Neither is the one who "served" the other.

The limits

The fee is $870, covering both spouses. It is not cheaper than a petition plus a response.
No temporary orders. The self-help guide warns: "You can’t ask for temporary orders with a joint petition." If either spouse needs temporary custody, support or other orders, or files a discovery motion, that spouse must first file an amended petition or response, which ends the joint track (§ 2342.5(e)).
Financial disclosures still apply. Each spouse serves a preliminary declaration of disclosure within 60 days of filing.
The automatic restraining orders apply from filing, and they stay in effect even if the joint petition is revoked (§ 2342.5(b)(4)).

If the agreement falls apart

Either spouse can leave the joint track at any time before judgment. The self-help guide says: "Either person can end (“revoke”) the joint process at any time before your judgment is final." The spouse who revokes files form FL-720, Notice of Revocation of Joint Petition, with an amended petition or response, and serves them. The other spouse then has 30 days to file their own amended pleading (§ 2342.5(b)(2)(A)).

Revoking doesn't restart the case. Under § 2342.5(b)(3), "The filing date of the joint petition shall be considered the filing date for the action and all relevant deadlines, including, but not limited to, the deadlines set forth in Section 2339." The six months already run are kept, and no new filing fee is due.

Uncontested divorce through the standard petition

The oldest route still works, and it is the only route if your spouse won't cooperate. One spouse files a Petition (FL-100) and has the other served with it and the Summons (FL-110). From there:

Your spouse responds and you settle. You write a marital settlement agreement, both sign it, and submit it with the judgment (FL-180). Instead of a full Response, a cooperating spouse can file form FL-130, Appearance, Stipulations, and Waivers; either way, the respondent's first paper carries a $435 fee.

Your spouse doesn't respond, but you have an agreement. A spouse can sign a settlement and simply not file a response. You ask for a default, attach the agreement to the judgment, and the defaulting spouse pays no filing fee (fee schedule line 103).

Your spouse doesn't respond at all. The summons gives a served spouse 30 days to respond (see Code of Civil Procedure § 412.20, which governs summons contents). After 30 days, you file a Request to Enter Default (FL-165) and then submit your proposed judgment with a Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170). The court decides on your written proof. Under rule 5.409, courts "must allow judgments in default and uncontested cases to be submitted by declaration" and "must not require that a hearing be conducted in all such cases"; see also the default rule, rule 5.401. Family Code § 2336(a) requires "proof of the grounds alleged," which "if not taken before the court, shall be by affidavit." Your spouse's silence doesn't let you ask for anything you want. Family law borrows the general civil rule in Code of Civil Procedure § 580(a): relief "if there is no answer, cannot exceed that demanded in the complaint." In a divorce, the petition plays that role, so list everything you want the court to decide before you serve it.

Do you have to go to court?

Usually not. When proof is by affidavit, § 2336(b) requires a personal appearance only if the court finds that reconciliation is reasonably possible, that a proposed custody order is not in the child's best interest, that proposed child support is less than the paying parent can afford, or that an appearance "would be in the best interests of justice."

Disclosures in a default

A default does not excuse you from disclosure. Under § 2110, the petitioner in a default case may waive the final declaration of disclosure, but "a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted." Skipping this step is one of the most common reasons default judgments come back from the court.

Frequently asked questions

What is the fastest way to get divorced in California?

Every path has the same six-month minimum. A joint petition or summary dissolution starts the clock on the day you file, instead of when your spouse is served, which can save time. From January 1, 2027, a judge can shorten or waive the six months for good cause once every issue is settled.

Can we file for divorce together in California?

Yes. Since January 1, 2026, spouses can file one joint petition (form FL-700) if they intend to resolve every issue by agreement. The fee is $870 for both. Couples with short marriages and few assets may qualify for summary dissolution instead.

What are the limits for summary dissolution in 2026?

Married five years or less at separation, no children together and no pregnancy, no real estate, debts of $7,000 or less, community property under $57,000, and no more than $57,000 of separate property each (cars excluded). Both spouses must give up spousal support.

What happens if my spouse won't sign the divorce papers?

Your spouse doesn't have to sign anything. Once served, they have 30 days to respond. If they don't, you can request a default and ask the court to enter judgment based on your written proof.

Do I need a lawyer for an uncontested divorce in California?

No. Many people complete uncontested divorces themselves using the Judicial Council forms and the court's self-help center. A lawyer's review of a settlement agreement can still be worthwhile, especially where there is a house, a business, retirement accounts or spousal support.

What happens if we file a joint petition and then disagree?

Either spouse can revoke it with form FL-720 and an amended petition or response. The case continues as a regular divorce with the same filing date, and the six months already run still count.

Where these sections live

How this page is sourced. Every legal statement here comes from the California statutes, court rules, Judicial Council forms and official court and agency pages it cites and links. Text in block quotes is copied exactly from the official source; everything else is original writing. Fees and dollar limits are as of September 29, 2026.

This page explains what the law says. It is legal information, not legal advice, and it cannot tell you how the law applies to your situation. Family law turns on facts, and some deadlines cannot be extended — if the outcome matters, talk to a family lawyer or your court’s self-help center.