The Low-Stress Alternative: A Guide to Uncontested Divorce in California

Divorce does not have to mean a courtroom battle. For many couples in Campbell and throughout Santa Clara County, an uncontested divorce offers a quieter, more dignified path forward, one where both spouses work together to reach an agreement rather than leaving decisions in a judge’s hands.

If you and your spouse are on relatively civil terms and willing to cooperate, this process may be far more accessible than you think.

What Is an Uncontested Divorce in California?

An uncontested divorce means both spouses agree on all material issues, allowing the court to approve their agreement without resolving disputed issues through litigation.

In California, an uncontested divorce is generally referred to as an uncontested dissolution of marriage. Summary dissolution is a separate, simplified procedure available only to couples who meet specific statutory eligibility requirements. The core requirement is mutual agreement. Both spouses must be aligned on how to divide marital property and debts, whether spousal support will be paid, and, if children are involved, how custody and visitation will be structured.

When that agreement exists, the case can move through the court system with minimal friction. No one needs to argue in front of a judge. No one needs to fight over furniture or finances in a public proceeding.

Does California Require Separation Before Filing?

California requires at least one spouse to have lived in the state for six months and in the filing county for three months before filing.

Before filing for divorce in California, at least one spouse must have lived in California for a minimum of six months and in the specific county where the petition is filed for at least three months. For Campbell residents, that means filing in Santa Clara County Superior Court.

California also has a mandatory six-month waiting period. Even in the most straightforward uncontested cases, the divorce cannot be finalized until six months have passed from the date the respondent spouse was served with the divorce petition. This is built into California law under California Family Code Section 2339 and cannot be waived.

What Issues Need to Be Resolved?

Spouses must reach a written agreement on property division, debts, spousal support, and all child-related matters before the divorce can be finalized.

For a divorce to proceed as truly uncontested, both parties need a written settlement agreement that addresses:

• Division of community property and debts accumulated during the marriage
• Spousal support, including whether it will be paid, for how long, and in what amount
• Child custody and visitation, including a parenting plan that reflects the children’s best interests
• Child support, calculated using California’s statewide guideline formula

California is a community property state, which means assets and debts acquired during the marriage generally belong equally to both spouses. Reaching a fair division requires a clear understanding of what qualifies as community property versus separate property, a distinction that is not always obvious.

How Does the Court Process Work?

One spouse files a petition, serves the other, and both submit a settlement agreement; the court reviews and approves it without a hearing in most uncontested cases.

The filing spouse (the petitioner) submits a Petition for Dissolution of Marriage along with a Summons to the Santa Clara County Superior Court. The other spouse (the respondent) is then formally served. In an uncontested case, the respondent may file a Response or, in some cases, sign an Appearance, Stipulations, and Waivers form (FL-130), indicating agreement to proceed without a trial. Whether notarization is required depends on the specific filing method and documents being submitted.

Both spouses must also complete and exchange Preliminary Declarations of Disclosure, which are financial disclosure forms required under California Family Code Section 2104. These forms ensure full transparency about each party’s income, assets, and debts.

Once the settlement agreement is drafted, signed, and submitted along with a proposed Judgment, the court reviews everything. In most uncontested cases, a judge approves the judgment without requiring either spouse to appear in court.

Is Uncontested Divorce Right for Every Couple?

Uncontested divorce works best when both spouses communicate openly, have similar financial knowledge, and are genuinely committed to a fair resolution.

This process is not for every situation. If there is a significant imbalance of power, hidden assets, a history of domestic violence, or deep disagreement about what is fair, an uncontested process may not protect both parties adequately.

Couples with complex financial portfolios, business ownership, or significant retirement accounts should be especially cautious. What seems like an agreement on the surface can unravel quickly when the full picture of marital finances comes into focus.

That said, many couples, including those with children and shared property, complete this process with the right guidance in place.

How Mediation Supports an Uncontested Divorce

Mediation helps couples reach binding agreements on contested points without going to court, making it a natural fit for couples pursuing an uncontested divorce.

Even couples who want to keep things amicable sometimes hit roadblocks. A neutral mediator can help bridge gaps on issues like parenting schedules or property valuation without turning the process adversarial. Mediation is generally faster and less costly than litigation, and it gives both spouses more control over the outcome than a judge ever could.

At Hepner & Pagan, our approach centers on keeping families out of the courtroom whenever possible. We prioritize mediation, collaborative law, and negotiated settlements because we believe that most families are better served by working through disagreements at a table, not in front of a bench. If you are considering an uncontested divorce in Campbell or the surrounding areas of Santa Clara County, we are here to help you move forward with clarity and care.

Call us at 408-688-9153 or contact us to schedule a consultation with our team.