Can You Get a Divorce Without Going to Court in California?

Divorces can be messy. Almost everyone has at least one story about a friend who wound up paying exorbitant legal fees to keep custody of a child or a relative who spent years dealing with a contested divorce. The question is, does it have to be this way, or can you get a divorce without going to court in California?

Thankfully, the answer is simple. You don’t have to go to court to get a divorce in California if your divorce is uncontested. The key is to have a relatively simple divorce case in which you’re already in agreement with your spouse on all significant issues, including child custody and support, property division, and spousal support.

You Should Still Hire a Divorce Lawyer

As of 2023, California’s divorce rate is sitting at around 7.45%, meaning that 7.45 out of every 1,000 people got divorced. Of those divorces, only around 5% were contested and had to go to court. However, that doesn’t mean only 5% of divorcing couples hired lawyers. Even if you’re convinced that everything will go smoothly throughout your divorce proceedings, it’s still a good idea to hire a divorce lawyer.

A divorce lawyer at Cianci Law, PC, understands California divorce laws. They can facilitate mediation or other alternative dispute resolutions needed to get you and your spouse in agreement about all the specifics of your divorce. A divorce lawyer can also keep track of deadlines, file paperwork, and ensure that everything progresses in a timely manner.

How to Get a Divorce Without Going to Court in California

Assuming that you and your spouse are already in agreement about all the important aspects of your divorce, you can dissolve your marriage without going to court by following these steps:

1. File the initial paperwork. The first step is to file a Petition for Dissolution of Marriage. You can file this document at your county’s Superior Court. You should also be prepared to pay a filing fee of $435 or to file a fee waiver.
2. Serve the divorce papers. After filing the petition, you’ll have to serve your spouse with the divorce papers. You’ll need a third party, like a process server, to deliver them. Your spouse will have 30 days to file a response.
3. Reach an agreement. You and your spouse must be in agreement on all key issues to get a divorce without going to court. You’ll need to agree on everything from property division to child custody and support. You can work with a mediator to complete this step.
4. Exchange financial disclosures. Next, both spouses must complete and exchange financial disclosures. These disclosures must include the Income and Expense Declaration and Schedule of Assets and Debts.
5. Draft and submit a written settlement agreement. Once you’re on the same page on all the key factors in your divorce, you can draft a Marital Settlement Agreement and submit it to the court. This agreement will outline all the couple’s decisions and must be signed by both parties.
6. Wait for six months. California has a mandatory six-month waiting period from the date on which your spouse was served before you can file the final paperwork.
7. File the final judgment paperwork. Finally, once the waiting period is over, you can submit the Judgment and Notice of Entry of Judgment. The judge will then review the paperwork and sign it, and your divorce will be finalized.

FAQs

Can You File for Divorce in California Without an Attorney?

You can file for divorce in California without an attorney. If you’re concerned that your soon-to-be-ex won’t have your interests in mind, you should hire a lawyer even if you’re planning for an uncontested divorce.

Can I Get a Divorce Online for Free?

You cannot get a divorce online for free. You can get access to government forms online, which you could then fill out yourself instead of hiring a lawyer to save money. This could have devastating consequences, including an unfair divorce order that harms your interests, well-being, and future. You can also apply for fee waivers. However, there is no such thing as a completely free, 100% online divorce proceeding.

What Is a Silent Divorce in California?

In California, a silent divorce occurs when a couple separates without filing for an official divorce. The spouses no longer cohabitate and lack the intimacy associated with marriage, but they’re still legally married. Silent divorces can lead to feelings of isolation and have long-term consequences due to the continuation of shared legal and financial responsibilities. Most professionals recommend against this approach.

What Is the Quickest Way to Get a Divorce in California?

The quickest way to get a divorce in California is through a summary dissolution. However, the requirements for taking this approach are strict. You can’t have any children, and your community property assets must be below a certain threshold. Additionally, your marriage must have lasted less than five years, and you must be in complete agreement with your spouse about property division and spousal support.

The Final Verdict: Can You Get a Divorce Without Going to Court in California?

The final verdict is that yes, you can get a divorce without going to court. However, you should still have a divorce attorney on your team who can help you negotiate the terms of your divorce with your spouse and ensure that your interests are protected.

Creative Family Solutions – Cianci Law, PC

The team here at Cianci Law, PC, has years of experience in facilitating divorces, both contested and uncontested. Whether you’re getting along fine with your soon-to-be-ex and expect no difficulties or you’re convinced that they will do everything possible to drag out the process, we can help you keep things simple and finalize your divorce as quickly as possible. Contact us to schedule a consultation today.

California Divorce Resources:

• Summary Dissolution Versus Divorce in California: What’s The Difference?
• How To File for Divorce in California When Both Parties Agree? 2025
• Recognizing Early Signs of Divorce in California