Everything You Should Know About Getting An Amicable Divorce In California
Key Takeaways
- You can get divorced in California without going to court if both spouses agree on all terms and file the proper documents.
- California is a no-fault divorce state, so you don’t need your spouse’s permission or proof of wrongdoing to file.
- Community property is divided equally, while separate property stays with the original owner, clear documentation is essential.
- Mediation and summary dissolution are helpful tools for couples who want a faster, lower-conflict divorce process.
- Full financial disclosure is required by law, and skipping it can delay or invalidate your divorce agreement.
Many couples in California are choosing to end their marriages without going to court, without costly legal battles, and without turning personal differences into long-term conflict. This approach, often called an amicable divorce.
If you're considering
divorce and want to know whether an amicable approach could work for you, this guide will walk you through what that looks like in California, including the legal basics, common challenges, and practical next steps.
What Does an Amicable Divorce Actually Look Like in California
In California, an amicable divorce means both spouses agree on the major terms of the divorce and choose to resolve the process cooperatively, without going to trial. It is also commonly referred to as an uncontested divorce when the couple submits a signed agreement covering all key issues.
The focus is not on who is “at fault” but on working together to complete the legal process with minimal conflict and court involvement.
Key Features of an Amicable Divorce in California
1. No-Fault Grounds
California is a no-fault divorce state, which means you do not need to prove wrongdoing such as adultery or abuse. The only legal reason required is “irreconcilable differences,” which simply means the marriage cannot be repaired.
2. Mutual Agreement on All Issues
To proceed amicably, both spouses must agree on:
- Division of property and debts
- Child custody and visitation (if applicable)
- Child support
- Spousal support (alimony)
3. Out-of-Court Resolution
Amicable divorces avoid court hearings. The couple may:
- Work out the terms themselves
- Use a neutral mediator
- Use separate attorneys in a collaborative divorce process
As long as both parties agree and follow legal requirements, a judge will approve the settlement without a trial.
How to Amicably Dissolve a Marriage in California
Even when both spouses agree to divorce, California still requires you to follow specific legal steps. Here’s a step-by-step breakdown:
Step 1: File the Petition
One spouse (called the petitioner) must file a Petition for Dissolution of Marriage using Form FL-100 with the local family court. This document officially starts the divorce case and states that the reason is “irreconcilable differences.”
The petitioner must then serve (legally deliver) the documents to the other spouse (called the respondent) using an adult who is not part of the case or a professional process server.
Step 2: Exchange Financial Disclosures
California law requires both spouses to exchange complete and honest information about their finances through mandatory disclosure forms. This includes:
- Schedule of Assets and Debts (Form FL-142): A detailed list of everything you own and owe, including bank accounts, real estate, vehicles, credit cards, loans, and retirement accounts.
- Income and Expense Declaration (Form FL-150): A breakdown of each spouse’s monthly income, expenses, and any support they receive or pay.
This step is required even in uncontested or amicable divorces. It ensures transparency and helps prevent one spouse from hiding assets or debts.
Step 3: Draft a Marital Settlement Agreement
A Marital Settlement Agreement (MSA) is a written contract that outlines all the terms of the divorce. It covers:
- Property Division: How you will split assets (community property) and debts.
- Child Custody and Visitation: If you have children, the agreement must include a parenting plan and a proposed schedule.
- Child Support: The amount of support based on California’s statewide guidelines.
- Spousal Support (Alimony): Whether either spouse will receive ongoing financial support, and how much.
This agreement must be signed by both parties and submitted to the court for approval. The court will review it to make sure it is complete and fair under the law.
Step 4: Submit Final Divorce Forms to the Court
Once the agreement is finalized, you must submit it along with:
- Judgment of Dissolution (Form FL-180): This is the form that officially ends your marriage once signed by a judge.
- Notice of Entry of Judgment (Form FL-190): This form tells both parties the divorce is final and includes the official date.
If all paperwork is in order, and there are no unresolved issues, a judge can approve the divorce without a court hearing.
Step 5: Wait for Finalization (Mandatory 6-Month Period)
California law imposes a mandatory six-month waiting period from the date the other spouse is served. This is the earliest a divorce can be finalized, regardless of how quickly forms are filed.
How Amicable Divorce Differentiates from a Contested Divorce and Legal Separation
Here's a side-by-side look at how an amicable divorce, contested divorce, and legal separation differ in terms of process, outcome, and purpose.
Amicable Divorce | Contested Divorce | Legal Separation | |
---|---|---|---|
Agreement Between Spouses | Spouses agree on all terms (property, custody, support) | One or both spouses disagree on key terms, requiring court intervention | Spouses may or may not agree, but do not wish to legally end the marriage |
Court Involvement | Often no court appearance is needed if paperwork is complete | Court hearings or a trial may be required to resolve disputes | Court approval is required, but process may be smoother if terms are agreed upon |
Marital Status After Process | Marital Status After Process Marriage is legally ended; both parties are free to remarry | Marriage is legally ended; both parties are free to remarry | Legally still married; cannot remarry unless later divorced |
Time and Cost | Typically faster and less expensive; reduced legal fees | Longer process with higher costs due to litigation and attorney involvement | Varies; may be faster than contested divorce but still involves court filing and legal procedures |
Use Cases | Couples seeking a peaceful, efficient split with full agreement | Couples with unresolved issues needing court resolution | Couples needing financial or legal separation but not ready or willing to divorce (e.g., religious or insurance reasons) |
What to Say (and Do) If You’re the One Asking for an Amicable Divorce
Starting the conversation about divorce is difficult, even when both spouses know the relationship isn’t working. If your goal is to keep the process amicable, how you bring it up matters just as much as what you say.
To approach the conversation effectively:
- Avoid bringing it up during or after an argument, in front of children, or when either of you is under stress.
- Clearly express your intention to divorce without assigning blame.
- Recognize that your spouse may need time to process the idea.
- Let them know you want to avoid court, minimize legal costs, and keep the process as smooth as possible, especially if children are involved.
- Briefly introduce the idea of using mediation or a collaborative divorce process
How to Negotiate an Amicable Divorce
Once both spouses agree to move forward, the next step is outlining how decisions will be made. Negotiation in an amicable divorce still requires structure and full participation from both sides.
Agree on how to proceed
Decide whether you’ll negotiate directly, use a mediator, or hire attorneys focused on settlement (not litigation).
Make a list of key issues to resolve
These typically include:
- Division of community and separate property
- Parenting time and decision-making (custody and visitation)
- Child support and spousal support
- Responsibility for debts and ongoing expenses
Commit to full financial disclosure
California law requires both parties to exchange accurate information about income, assets, and debts. Honest disclosure is the foundation for any enforceable agreement.
Can You Still Have an Amicable Divorce If the Other Person Makes It Hard
Not every spouse will be open to cooperation. Some may ignore communication or try to control the process. In California, you can still move forward, even if the other person doesn’t want to participate or tries to make things difficult.
Here’s what you need to know:
- California is a no-fault divorce state
You do not need your spouse’s permission or agreement to get a divorce. As long as one spouse wants to end the marriage, the process can move forward.
- You can file even if your spouse left or won’t respond
If your spouse disappeared, you can still serve them with divorce papers. If they can’t be located, you may be able to request court permission for service by publication. Once served, if they do not respond within 30 days, you can file for a default judgment and proceed without their input.
- When dealing with a high-conflict or narcissistic spouse
Dealing with a narcissistic or controlling spouse can make amicable communication difficult. While true collaboration may not be possible, you can:
- Use a mediator or attorney as a buffer to avoid direct conflict.
- Keep all communication documented and factual.
- Stay focused on legal requirements rather than emotional reactions.
- Consider limited-scope legal services if full representation is too costly.
In short, you can still pursue a peaceful, efficient divorce even if the other person isn’t cooperative. Amicable doesn’t always mean mutual, it means you are handling the process reasonably and relying on California law to protect your rights.
Can You Get an Uncontested Divorce Without Going to Court in California
An uncontested divorce is often the most efficient and least stressful way to legally end a marriage. In most cases, it does not require a court appearance.
When both spouses agree on all terms, including property division, child custody, child support, and spousal support, and all required forms are properly completed, the court usually does not hold a hearing. A judge will review the submitted documents and, if everything complies with California law, sign the final judgment without requiring either spouse to appear.
You can file your paperwork by mail or through the court’s online system. However, if any forms are missing, incomplete, or inconsistent, the court may request corrections or schedule a hearing. If you fail to attend a required court date, your case could be delayed, dismissed, or finalized without your input.
For Simpler Cases: Summary Dissolution
For couples with very simple financial and personal circumstances, California offers a faster option called summary dissolution. It is a joint filing process that does not involve separate petitions or responses and does not require a court appearance if all documents are in order.
Summary dissolution is available only if all of the following conditions are met:
- The marriage has lasted less than five years
- The couple has no children together and no current pregnancy
- Neither spouse owns real estate, including rental property or land
- The total community property is worth less than $47,000
- Neither spouse owns more than $6,000 in separate property, not including vehicles
- Both spouses agree to waive spousal support
- A signed Property Agreement is included with the filing and fully divides all assets and debts
Because all terms are resolved in advance, summary dissolution allows couples to file jointly and avoid all court appearances. The court reviews the forms and, if everything is correct, finalizes the divorce after the six-month waiting period.
What You Need to Divide, and How to Protect Yourself Financially
One of the most important parts of divorce is dividing what you and your spouse own, and owe. In California, this process is guided by community property law, which defines how assets and debts are identified, valued, and distributed.
When a divorce is amicable or uncontested, the couple avoids court by reaching their own agreement on how everything will be divided. This includes:
- Real property (home, rental units, land)
- Bank accounts and savings
- Retirement accounts (401(k), pensions, IRAs)
- Vehicles
- Personal property (furniture, jewelry, electronics)
- Debts (credit cards, student loans, car loans)
- Business interests or income-generating assets
Each item should be clearly listed and assigned a fair value. Assets can be divided equally, or traded off based on what each spouse prefers. For example, one spouse may keep the house while the other receives a larger share of a retirement account. As long as the overall division is reasonable and mutually agreed upon, the court will usually approve the settlement.
Difference Between Community and Separate Property in California
California is a community property state, which means most property acquired during the marriage is legally owned equally by both spouses, regardless of who earned or purchased it.
Here’s how the law generally classifies property:
Community Property | Separate Property | |
---|---|---|
Definition | Assets or debts acquired by either spouse during the marriage | Assets or debts owned before the marriage or acquired individually by gift, inheritance, or after separation |
Examples | Income earned during marriage, Property purchased after marriage, Retirement contributions made during marriage, Shared credit card debt or loans | A home owned before marriage, Inheritance received by one spouse, Gifts given specifically to one spouse, Income earned or assets acquired after the date of separation |
Ownership | Legally belongs to both spouses equally, regardless of who earned or purchased it | Legally belongs to one spouse only, unless commingled with community assets |
Division in Divorce | Typically divided equally between both spouses | Generally not divided in divorce; remains the property of the original owner |
How to Protect Your Finances During Separation
Even before the divorce is finalized, it’s important to take steps to secure your financial position:

- Exchange full financial disclosures
Share accurate information about your income, assets, debts, and expenses. California law requires this from both spouses. Skipping it can delay your case or lead to penalties. - Open your own financial accounts
Set up checking and savings accounts in your name. Start managing your own income and avoid using joint credit cards unless both parties agree. - Put a short-term agreement in writing
Clarify who pays which bills, who stays in the home, and how shared expenses are handled during the separation. This reduces confusion and protects both sides. - Keep detailed financial records
Track bank activity, income, and spending. Save receipts, account statements, and documentation of any major transactions. - Be mindful of overlooked assets and obligations
Watch for items often missed in divorce: - Retirement accounts that require a Qualified Domestic Relations Order (QDRO) to divide without tax penalties
- Health or life insurance policies that still name your spouse as a beneficiary
- Assets that could trigger capital gains taxes when sold, such as real estate or investments
Taking these steps early helps ensure that the final divorce agreement is fair, enforceable, and financially sound.
Still Not Sure If It’s Possible? Here’s What to Do Next
Even when the idea of an amicable divorce makes sense, you may still be wondering if it’s realistic in your situation. The process isn’t always easy, but with the right tools, guidance, and mindset, it is possible for many couples to avoid court, protect their finances, and finalize their divorce on their terms.
Here’s a quick recap of what to consider before moving forward.
- Have you both agreed to get divorced?
- Do you agree on how to divide property, debts, and support?
- Do you have children, and if so, are you aligned on custody and visitation?
- Are you both willing to complete full financial disclosures?
- Is mediation or collaborative divorce worth exploring?
- Are you eligible for summary dissolution?
- Are you ready to file jointly or finalize a written agreement?
- Would you benefit from a legal review before filing?
If you’re ready to take the next step, here are official tools and resources you can use:
California Courts Self-Help Center – Divorce
Divorce Forms and Instructions



