California Divorce Without Children (2026) — File It Yourself

If you and your spouse don't have minor children together, you're in the best position to handle your own California divorce. No custody arrangement, no child support, no parenting plan — just ending the marriage and dividing what you own and owe.

This page covers everything specific to a California divorce without minor children.

Disclaimer: This is general legal information, not legal advice. Consult a licensed California family law attorney for guidance on your specific situation.

California's Unique Advantage: Summary Dissolution

Before diving into the standard process, check whether you qualify for Summary Dissolution — California's simplified divorce procedure for short marriages. If you qualify, it's significantly faster and easier.

You qualify for Summary Dissolution if ALL of the following are true:

• Married less than 5 years
• No minor children (including pregnancy)
• Don't own or lease real estate
• Don't owe more than $6,000 in debts acquired since marriage (excluding car loans)
• Total community property assets are less than $47,000 (excluding cars)
• Each spouse's separate property is less than $47,000
• Neither spouse is requesting spousal support
• Both spouses have read the Summary Dissolution brochure (Form FL-810)
• Both spouses agree on how to divide property

If you qualify, the Summary Dissolution process is faster, involves fewer forms, and may not require a court appearance. Get the FL-800 packet at selfhelp.courts.ca.gov.

If you don't qualify, use the standard dissolution process described below.

Two Types of Divorce Without Children

Joint Petition (New 2026 — Best Option If Both Agree)

Both spouses file together. One fee ($435). Clock starts at filing, not service. Designed for couples who have reached full agreement.

Standard Uncontested Divorce

One spouse files (petitioner), the other is served or appears voluntarily. Clock starts at service. Use this if you haven't fully agreed yet or if your spouse isn't ready to file together.

Default Divorce

One spouse files and the other is served but doesn't respond. Court proceeds without the non-responding spouse. Takes longer but still manageable without an attorney.

Residency Requirements

• One spouse: lived in California for 6 months
• Same spouse (or the other): lived in the filing county for 3 months

The Forms You Need

All free at selfhelp.courts.ca.gov:

To start the case:

• FL-100 — Petition for Dissolution of Marriage
• FL-110 — Summons (Family Law)

Financial disclosures (mandatory for both spouses):

• FL-150 — Income and Expense Declaration
• FL-142 — Schedule of Assets and Debts
• FL-141 — Declaration Regarding Service of Disclosure (filed with court)

Respondent's participation:

• FL-130 — Appearance, Stipulations, and Waivers (easiest — spouse signs voluntarily)
• OR FL-120 — Response (formal response if spouse wants to file one)

Finalizing:

• FL-180 — Judgment of Dissolution of Marriage
• FL-190 — Notice of Entry of Judgment

If you have a written agreement:

• Marital Settlement Agreement (MSA) — you draft this, attach to FL-180

Property and Debt Division — California Rules

California's community property rule is strict: all community property is divided 50/50. There is no judge's discretion to award more to one spouse based on circumstances. If it's community property, it's split equally.

What You Must Address in Your MSA or Judgment

Every community asset and debt must be specifically addressed:

Assets to address:

• Real property (if any — use a quit claim or interspousal transfer deed)
• Vehicles (include year, make, model, VIN, and loan if applicable)
• Bank and investment accounts (institution name, account number)
• Retirement accounts (see QDRO section below)
• Business interests
• Personal property of significant value

Debts to address:

• Mortgage (if property is being kept by one spouse — refinancing required)
• Car loans
• Credit card balances
• Student loans acquired during marriage
• Any other marital debt

Be specific. Vague descriptions create problems. "Wife gets the savings account" is less useful than "Wife is awarded the Wells Fargo savings account ending in 1234."

Retirement Accounts

Retirement contributions made during the marriage are community property. To divide a 401(k), 403(b), or pension, you need a Qualified Domestic Relations Order (QDRO) — a separate court order sent to the plan administrator. Without a QDRO, the plan won't honor the division. Consider professional help for this piece.

Spousal Support (Alimony)

California allows courts to order spousal support. In a DIY agreed divorce, you and your spouse can agree to waive spousal support or set any amount you both accept. Include the agreement (or waiver) clearly in your MSA.

Step-by-Step: Uncontested California Divorce Without Children

Step 1

Confirm residency. Decide joint petition vs. standard filing.

Step 2

Download FL-100, FL-110, FL-150, FL-142 from selfhelp.courts.ca.gov.

Step 3

Fill out FL-100 completely. Make 2 copies of everything.

Step 4

File at the Superior Court Clerk's office. Pay $435–$450 filing fee (or submit FW-001 fee waiver).

Step 5

Serve your spouse (or have them sign FL-130 voluntarily). File FL-115 proof of service.

Step 6

Both spouses complete and exchange financial disclosures (FL-150 and FL-142) within 60 days. File FL-141 confirming exchange.

Step 7

Draft your Marital Settlement Agreement covering all property, debt, and spousal support.

Step 8

Wait out the 6-month and 1-day waiting period from date of service.

Step 9

Complete FL-180 (Judgment). Attach signed MSA. Submit to court for judge's signature.

Step 10

Receive signed Judgment. File it. Get certified copies. Done.

Timeline and Cost

FAQ

Do we both have to go to court? In most California counties for an uncontested divorce without children, neither spouse needs to appear. The judge reviews your documents and mails back the signed Judgment. Confirm with your specific county.

What if we own a car together? Address it in your MSA — who keeps it, who is responsible for the loan, and what the deadline is to transfer the title. The DMV processes the title transfer after the divorce is final.

Can we agree to an unequal split of community property? Yes — if both spouses voluntarily agree to an unequal division and document it in the MSA, the court will generally approve it. The 50/50 rule is what the court orders if you can't agree; it doesn't prevent a different voluntary arrangement.

What if my spouse won't sign the FL-130? You'll need to formally serve them. If served and they don't respond within 30 days, you can request a default.

Can I handle my own QDRO? QDRO preparation is complex and plan administrators are strict. Errors can cause taxes and penalties. Consider using a QDRO specialist ($400–$800) even if you handle the rest of the divorce yourself.

Last reviewed: March 2026 | Verify current form requirements at selfhelp.courts.ca.gov.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.