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Last Modified on Sep 29, 2026
You and your spouse have already done the hardest part. You agree the marriage is over, and you agree on almost everything that follows it: the house, the retirement account, who keeps the dog. What you don’t know is how to turn that agreement into a signed judgment without a courtroom fight neither of you wants.
Here’s how to file for divorce in California when both parties agree, and it just got faster. As of January 1, 2026, you may qualify for summary dissolution, a new joint petition, or a standard uncontested filing, each with its own forms and timeline.
Brian N. Chase, a Certified Family Law Specialist in Hanford, spent more than five years deciding cases like yours from the bench as the Kings County Family Law Commissioner. He can help you pick the right path and file it correctly the first time.
What “Uncontested” Actually Means in California
An uncontested divorce means you and your spouse agree on every major issue, property, debts, spousal support, and custody if you have kids. It doesn’t mean the process is painless, only that a judge won’t decide these things for you at trial.
The vast majority of California divorces settle before trial eventually. A Hanford divorce attorney who has sat on the family law bench knows what a judge wants to see in that settlement, and reaching it early keeps a case cheaper and faster than the alternative.
Residency Requirements You Have to Meet First
Before filing, one of you has to clear California’s residency rule, which trips up more couples than the paperwork does.
- One spouse must have lived in California for at least six months.
- That spouse must have lived in your filing county, Kings County, for example, for three months.
- Miss either requirement and the court can dismiss your petition outright.
You can still finalize your settlement privately while you wait out the clock.
California’s New Joint Petition for Dissolution
Senate Bill 1427 took effect January 1, 2026, giving agreeing couples a real alternative to suing each other. Form FL-700 lets you file together as co-petitioners, no service of process, no summons finding your spouse at work.
Most divorce guides still describe the old petitioner-versus-respondent process, since it was the only option for three decades. The joint petition is barely months old, and plenty of Kings County couples don’t know it exists yet, let alone that it can mean paying one filing fee instead of two.
Unlike summary dissolution, it has no limits on marriage length, children, or property, so a couple with a house and three kids can use it as easily as one married eight months with nothing to split. You’ll list the issues you plan to resolve by agreement; no finished settlement required on day one, and either spouse can later revoke the petition by filing Form FL-720, which converts the case to a standard dissolution under Family Code section 2330.
Choosing Your Path
Married five years or less, no kids, little property? Summary dissolution is still the fastest door in the building, one form, one fee.
If you own a house in Hanford or a retirement account, the joint petition gets nearly the same simplicity. If your spouse won’t file jointly, the traditional route- one spouse files, the other responds- still reaches the same finish line, just with an extra form.
What Belongs in Your Marital Settlement Agreement
Whichever path you take, the court needs a written Marital Settlement Agreement before signing off. It should spell out:
- How you’re dividing property and debts, down to specific accounts
- Whether either spouse pays spousal support, and for how long
- Custody, visitation, and child support, if you have children
Vague language is the most common reason a judge sends paperwork back. “We’ll split things fairly” isn’t something a court can enforce.
Filing the Paperwork and What Happens Next
Once your agreement is finalized, you’ll file your joint petition (FL-700 or FL-800 for a summary dissolution) along with your required financial disclosures and the filing fee. A court clerk will review your paperwork to ensure every form is included, though they check for completeness rather than legal accuracy.
Having a California divorce attorney review your documents before submission can save you from a costly or frustrating rejection. Because you’re filing jointly and agree on the terms, your case is uncontested, meaning a judge will simply sign off on your judgment without either of you ever having to step foot in a courtroom. You want to be extra sure of the information you’re sending.
Why the Six-Month Wait Still Applies
Every path runs into the same wall at the end, a mandatory six-month wait from filing to a final judgment. Legal separation has no such wait.
Full agreement doesn’t change this. California treats ending a marriage as something that shouldn’t be rushed, even when both people are certain. What agreement changes is everything before that date, and whether a Family Court Services appointment in Kings County ever comes up at all.
Frequently Asked Questions About Divorce
Do we need a lawyer if we already agree on everything?
Technically no, but the case still needs paperwork that holds up in court. Most California divorces that settle without a trial still had a lawyer review the final agreement first. If a house or retirement account is involved, that conversation is worth having.
What if my spouse changes their mind after we file jointly?
Either of you can revoke a joint petition anytime before judgment. Filing Form FL-720 converts your case to a standard dissolution under Family Code section 2330, so nothing is lost; it just changes lanes.
How much does an uncontested divorce cost?
Filing fees currently run around $435 per petitioner, though a joint petition can mean paying that once instead of twice. If you can’t afford the fee, you can ask the court to waive your fee.
Chase Family Law: Your Family Law Firm
You came here already agreeing with your spouse on the parts that usually tear couples apart, and that puts you ahead of where most people start. What changes the outcome now is picking the right filing path and building a settlement agreement precise enough that a judge signs it the first time, not the third.
Brian N. Chase spent years watching agreed divorces succeed and stall from the commissioner’s bench in Kings County, and he brings that same eye to every joint petition and settlement he reviews today. Contact our firm today, and let’s get your paperwork right before you file it, not after.
