California Uncontested Divorce Document Preparation

When both spouses are prepared to work cooperatively and have reached—or are working toward—agreement about their divorce, LDA Document Services can assist with preparing and organizing the required California court documents.

Much of the process may be completed remotely through questionnaires, document uploads, telephone or video appointments, and the MyCase client portal.

An uncontested divorce may still involve important decisions about property, debts, support, retirement benefits, and children. Both spouses should understand their agreements before submitting documents to the court.

 

 

Getting Started

California divorce cases generally involve the following steps.

1. Confirm the Residency Requirements

To file for divorce in California, either spouse must generally have:

• Lived in California for at least six months; and

• Lived in the county where the case will be filed for at least three months.

Different rules may apply to registered domestic partners and certain same-sex spouses.

2. Prepare and File the Initial Court Forms

The spouse starting the case, called the petitioner, prepares and files the required forms with the appropriate California Superior Court.

The court filing fee is generally $435 to $450, depending on the court. A person who cannot afford the filing fee may ask the court for a fee waiver.

3. Serve the Divorce Papers

After filing, copies of the filed documents must be formally delivered to the other spouse, called the respondent.

The petitioner cannot personally serve the papers. Service must be completed according to California court rules, and proof of service must be filed with the court.

4. Prepare and Exchange Financial Disclosures

Financial disclosure is required in every California divorce and legal separation.

The spouses disclose information about what they:

• Own

• Owe

• Earn

• Spend

Supporting records may include income information, tax returns, account statements, property information, and debt records. Preliminary disclosures are generally due within 60 days after the petitioner files the Petition or the respondent files a Response.

The underlying financial disclosure documents are generally exchanged between the spouses rather than filed with the court. A separate form is filed to confirm that the disclosures were served.

5. Prepare the Written Agreement

When the spouses have reached agreement, the terms may be placed into a written marital settlement agreement or incorporated into the proposed judgment documents.

The agreement may address:

• Division of community and separate property

• Allocation of debts

• Spousal support

• Retirement accounts

• Taxes

• Child custody and parenting schedules

• Child support

• Other agreed terms

LDA Document Services prepares the agreement from the spouses’ specific decisions and instructions. We cannot negotiate between the spouses or advise either person whether a proposed term is legally or financially favorable.

6. Submit the Judgment Package

After the required waiting period, disclosures, service requirements, and other procedural steps have been completed, the final judgment package may be submitted to the court.

California does not permit marital status to terminate earlier than six months after the respondent was served or appeared in the case, and completing the case may take longer depending on the court, the documents, and the circumstances.

Is This Service Appropriate for You?

Uncontested divorce document preparation may be appropriate when:

• Both spouses are willing to cooperate

• The necessary information is available

• The spouses can make their own decisions

• The spouses have reached or expect to reach agreement

• No emergency or contested hearing is required

• Neither spouse is asking LDA Document Services for legal advice

A licensed attorney should be consulted when there is disagreement, domestic violence, concealed property, complex business or retirement assets, disputed support, uncertain property rights, coercion, or any other issue requiring legal advice.

Important: This is a general overview and not a complete description of every step, form, deadline, or requirement. L