How to File for Divorce in California When Both Parties Agree? 2025

Most people consider divorce to be an understandably contentious experience for the divorcing spouses, but the reality is that many divorces in California are uncontested. If you and your spouse are on the same page when it comes to ending your marriage, you should know how to file for divorce in California when both parties agree. Depending on the issues you will need to cover, it could mean a faster divorce than you might expect.

How to File for Divorce in California When Both Parties Agree

In California, it is possible for a divorce to be contested or uncontested. In a contested divorce, the spouses disagree on aspects of their dissolution, such as property division or child custody, and their divorce proceedings will be an attempt to move their divorce to an uncontested state. In an uncontested divorce, the couple agrees on all aspects of their divorce. However, it does not mean that finalizing it will be an easy process.

To file for divorce in California, when both parties agree, the couple can jointly file an uncontested divorce petition. This petition must include their negotiated terms for property division, spousal support, and their preferences for child custody and support. It’s important to note that while a couple can potentially resolve many aspects of divorce privately, they cannot reach a final decision on child custody or child support without the court’s approval.

Benefits of Alternative Dispute Resolution for Divorce in California

It’s common for divorcing couples in California to mutually agree that their marriage needs to end while disagreeing on various aspects of divorce. They may have differing opinions when it comes to property division and are likely to clash when it comes to child custody. While divorce litigation can resolve these issues, alternative dispute resolution often allows divorcing couples to resolve these issues much more quickly.

During alternative dispute resolution, the divorcing spouses meet privately with their respective attorneys to negotiate terms for their divorce. Mediation is a popular form of alternative dispute resolution that unfolds under the supervision of a neutral third-party mediator who facilitates negotiations and clarifies general legal questions without providing any direct legal advice to either party. Once the couple completes negotiations, they take their divorce order to the court.

The main benefit to filing an uncontested divorce in California is saving a great deal of time that would otherwise be spent in stressful litigation. While a divorcing couple may disagree on aspects of their divorce and will not be able to immediately file an uncontested divorce petition, they can still take advantage of alternative dispute resolution to significantly reduce the time it would take to finalize their divorce.

Quinn & Dworakowski, LLP, offers client-focused legal counsel for all types of divorce cases in California. Whether you and your spouse agree on almost every aspect of your divorce or you cannot seem to agree on anything, we can help you make more informed decisions about your case and approach the situation with confidence. Reach out to our firm to learn more about how we can help you resolve your divorce efficiently.

FAQs

What Is the Fastest Way to Get Divorced in California?

The fastest way to get divorced in California is by jointly filing an uncontested divorce petition with your spouse. The two of you must agree on all aspects of your divorce, including child custody and child support, property division, and spousal support. A family court judge will need to review the terms of your divorce, and you must complete the mandatory waiting period for your divorce order to be finalized, even with an uncontested divorce.

Does Being the First to File a Divorce Petition Provide an Advantage in Court?

No, being the first to file a divorce petition does not provide any advantage in court. The court will not look at the petitioner as the victim, as all divorces in California are resolved on a no-fault basis. Once a divorce petition has been submitted to the court, the other spouse will receive the paperwork they will need to respond to the petition. It does not matter which spouse files the petition.

How Long Does Divorce Litigation Take in California?

The time required to complete divorce litigation in California depends on several variables. When the couple cannot agree to terms on any aspect of their divorce, the court must resolve each issue, and this can take a long time in some cases. It is possible for divorce litigation to take several months or even longer than a year in some cases. Alternative dispute resolution often enables divorcing couples to complete their cases more quickly.

Will I Complete My Divorce Faster if I Hire an Attorney?

You are likely to complete your divorce faster if you hire an attorney than you could expect if you tried to handle the case without legal representation. Your attorney can streamline various aspects of your divorce, handle court filing deadlines, and help you address any unexpected complications that arise. They can also help you take advantage of alternative dispute resolution to avoid time-consuming litigation.

Can I Negotiate Divorce Terms Privately With My Spouse?

Yes, you can and should negotiate divorce terms privately with your spouse. It’s generally a good idea for a couple to discuss their needs, goals, and expectations before taking any formal steps toward divorce. They may also wish to wait to think about this decision if either of them believes there is a chance they could reconcile. It’s also possible for the couple to have more formal private negotiations through alternative dispute resolution like mediation.

Ultimately, divorce can be a challenging experience even when spouses agree on most or all of the issues they must address in their divorce. If you and your spouse have reached the mutual decision to end your marriage, it is still vital to have legal counsel on your side to navigate the divorce process successfully. Contact Quinn & Dworakowski, LLP, today to schedule a consultation and learn more about the legal services we provide.