How to File for Divorce in California When Both Parties Agree? 2026

Most people consider divorce to be an understandably contentious experience for the divorcing spouses, but the reality is that many divorces in California are uncontested. If you and your spouse are on the same page when it comes to ending your marriage, you should know how to file for divorce in California when both parties agree. Depending on the issues you will need to cover, it could mean a faster divorce than you might expect.

Why You Should Trust Quinn & Dworakowski, LLP, to Manage Your Divorce

Quinn & Dworakowski, LLP, offers client-focused legal counsel for all types of divorce cases in California. Whether you and your spouse agree on almost every aspect of your divorce or you cannot seem to agree on anything, we can help you make more informed decisions about your case and approach the situation with confidence.

Whether your family court case is being heard in the Lamoreaux Justice Center, located at 341 The City Drive South in Orange, or another family court in the area, we will connect you directly to one of our lead attorneys. We take a personalized and hands-on approach to managing family court cases.

Even when both parties initially agree to the terms of a divorce, legal support still plays a crucial and supportive role in safeguarding a client’s rights and interests. Reach out to our firm to learn more about how we can help you resolve your divorce efficiently.

How to File for Divorce in California When Both Parties Agree

California saw 886,644 civil court filings in 2024, and uncontested divorces contributed to those figures. If you and your spouse agree on the terms of a divorce, you may be eligible to file jointly to dissolve the marriage. The average home value in California is $776,233, for example, and property disputes could make an uncontested divorce untenable. But if you have worked through those issues, there are many benefits to filing jointly for a divorce.

In California, it is possible for a divorce to be contested or uncontested. In a contested divorce, the spouses disagree on aspects of their dissolution, such as property division or child custody, and their divorce proceedings will be an attempt to move their divorce to an uncontested state. In an uncontested divorce, the couple agrees on all aspects of their divorce. However, it does not mean that finalizing it will be an easy process.

Common legal forms used in an uncontested divorce may involve:

• FL-100: Petition
• FL-110 — Summons
• FL-115 — Proof of Service
• FL-140 — Declaration of Disclosure
• FL-142 or FL-160 — Asset/property disclosures
• FL-150 — Income and Expense Declaration (often required)
• FL-170 — Declaration for Uncontested Dissolution
• FL-180 — Judgment
• FL-190 — Notice of Entry of Judgment

To file for divorce in California, when both parties agree, the couple can jointly file an uncontested divorce petition. This petition must include their negotiated terms for property division, spousal support, and their preferences for child custody and support. It’s important to note that while a couple can potentially resolve many aspects of divorce privately, they cannot reach a final decision on child custody or child support without the court’s approval.

Benefits of Alternative Dispute Resolution for Divorce in California

It’s common for divorcing couples in California to mutually agree that their marriage needs to end while disagreeing on various aspects of divorce. They may have differing opinions when it comes to property division and are likely to clash when it comes to child custody. While divorce litigation can resolve these issues, alternative dispute resolution often allows divorcing couples to resolve these issues much more quickly.

During alternative dispute resolution, the divorcing spouses meet privately with their respective attorneys to negotiate terms for their divorce. Mediation is a popular form of alternative dispute resolution that unfolds under the supervision of a neutral third-party mediator who facilitates negotiations and clarifies general legal questions without providing any direct legal advice to either party. Once the couple completes negotiations, they take their divorce order to the court.

The main benefit to filing an uncontested divorce in California is saving a great deal of time that would otherwise be spent in stressful litigation. While a divorcing couple may disagree on aspects of their divorce and will not be able to immediately file an uncontested divorce petition, they can still take advantage of alternative dispute resolution to significantly reduce the time it would take to finalize their divorce.

Why You Should Hire a Divorce Lawyer Even in an Uncontested Divorce

Whether you are based in Balboa Island, Floral Park, Shady Canyon, or elsewhere in or around Orange County, divorces can be complex and hard to predict. While plenty of divorces are resolved efficiently and without major disruptions, there are many situations that can lead to disputes and a contested divorce. Once disagreements flare, having strong representation from a California divorce attorney can become crucially important for protecting your rights.

With 21% of the state’s population being under the age of 18, child custody disputes can flare at any point during the divorce process. One parent may initially agree to equal shared parenting only to backtrack on those agreements once the divorce process begins. Custody rights are highly emotional factors in a divorce, and there are no guarantees that one party will not change their mind about previous agreements once the court process begins.

Property division disputes can also cause problems. Spouses may agree in principle on how to divide an estate. As the divorce process moves forward, one or both parties could change their minds. As with custody matters, disputes over personal property can become highly emotional, even if there appears to be agreement on how an estate is split.

In cases where both parties maintain agreement throughout the divorce process, legal representation is still critical. An attorney can guide the divorce process so the final court order truly reflects the original agreement. Once a final order is signed, it can be very difficult to appeal or modify at a later point.

Legal support can make sure that any agreement is sustainable and reflects your goals. An attorney can also help prevent avoidable filing errors, missed deadlines, and procedural disputes that could unnecessarily delay the divorce process.

FAQs

Q: What Is the Fastest Way to Get Divorced in California?

A: The fastest way to get divorced in California is by jointly filing an uncontested divorce petition with your spouse. The two of you must agree on all aspects of your divorce, including child custody and child support, property division, and spousal support. A family court judge will need to review the terms of your divorce, and you must complete the mandatory waiting period for your divorce order to be finalized, even with an uncontested divorce.

Q: Does Being the First to File a Divorce Petition Provide an Advantage in Court?

A: No, being the first to file a divorce petition does not provide any advantage in court. The court will not look at the petitioner as the victim, as all divorces in California are resolved on a no-fault basis. Once a divorce petition has been submitted to the court, the other spouse will receive the paperwork they will need to respond to the petition. It does not matter which spouse files the petition.

Q: How Long Does Divorce Litigation Take in California?

A: The time required to complete divorce litigation in California depends on several variables. When the couple cannot agree to terms on any aspect of their divorce, the court must resolve each issue, and this can take a long time in some cases. It is possible for divorce litigation to take several months or even longer than a year in some cases. Alternative dispute resolution often enables divorcing couples to complete their cases more quickly.

Q: Will I Complete My Divorce Faster if I Hire an Attorney?

A: You are likely to complete your divorce faster if you hire an attorney than you could expect if you tried to handle the case without legal representation. Your attorney can streamline various aspects of your divorce, handle court filing deadlines, and help you address any unexpected complications that arise. They can also help you take advantage of alternative dispute resolution to avoid time-consuming litigation.

Q: Can I Negotiate Divorce Terms Privately With My Spouse?

A: Yes, you can and should negotiate divorce terms privately with your spouse. It’s generally a good idea for a couple to discuss their needs, goals, and expectations before taking any formal steps toward divorce. They may also wish to wait to think about this decision if either of them believes there is a chance they could reconcile. It’s also possible for the couple to have more formal private negotiations through alternative dispute resolution like mediation.

Secure the High-Quality Representation That Your Case Deserves

Ultimately, divorce can be a challenging experience even when spouses agree on most or all of the issues they must address in their divorce. If you and your spouse have reached the mutual decision to end your marriage, it is still vital to have legal counsel on your side to navigate the divorce process successfully. Contact Quinn & Dworakowski, LLP, today to schedule a consultation and learn more about the legal services we provide.