Can You Get a Divorce Without Going to Court in California

In short, yes, you can get divorced without going to court in California if your case is uncontested.

An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support. In these cases, you can file the necessary paperwork and finalize the divorce without attending court hearings.

However, even in an uncontested divorce, you may want to consider securing legal representation. Read on to learn more about how to settle your divorce outside the courtroom, and how one of our attorneys can support you through the process.

How to Get a Divorce Without Going to Court

If you and your spouse agree on all aspects of your divorce, you can avoid going to court in California by following these steps:

1. File the Initial Divorce Papers: Start by filing a Petition for Dissolution of Marriage (FL-100) and any required supporting documents at your local courthouse. You will also need to pay a filing fee, which is typically around $435, though you can request a fee waiver if necessary.
2. Serve the Divorce Papers: After filing the petition, you must serve your spouse with a copy of the papers. You cannot serve the papers yourself; instead, a third party, such as a process server, will need to deliver them, and your spouse will have 30 days to respond.
3. Reach an Agreement on Key Issues: To get a divorce without going to court, both spouses must agree on key issues, including property division, custody, visitation, child support, and spousal support. Since reaching these agreements is essential for avoiding court hearings, you can choose to work with a mediator if needed to help reach a settlement.
4. Complete Financial Disclosures: Both parties are required to complete and exchange financial disclosures, including the Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142). These forms ensure transparency and equity in the divorce process.
5. Submit a Written Settlement Agreement: Once you’ve agreed on all the key issues, draft a Marital Settlement Agreement that outlines your decisions. Both parties must sign the agreement, and it will be submitted to the court along with other required forms.
6. File the Final Judgment Paperwork: After the mandatory six-month waiting period from the date you or your spouse was served, submit the Judgment (FL-180) and Notice of Entry of Judgment (FL-190) to the court. The judge will review your paperwork and, if everything is in order, sign the final judgment.

How to Reach a Divorce Settlement Agreement Without Going to Court

You must reach a comprehensive divorce settlement agreement in order to avoid going to court in California. By agreeing on all key issues, such as property division, custody, and child support, both spouses can file for an uncontested divorce and bypass the need for courtroom proceedings.

Below are several methods one of our Orange County divorce lawyers can implement to help reach a settlement agreement and keep the process out of court.

Settlement Negotiations

Settlement negotiations involve discussions either directly between spouses or through their legal representatives to resolve all major issues related to the divorce. This process can be done informally if both parties are amicable, or with the help of our family law attorneys to ensure that each spouse’s interests are protected.

The key areas to cover during negotiations include division of marital property, custody arrangements for children, visitation schedules, and financial support obligations such as child support and spousal support. By working through these critical points without involving the court, settlement negotiations can save time and money.

Uncontested Divorce

An uncontested divorce in California occurs when both spouses agree on all terms related to their separation, such as property division, custody arrangements, and financial support. In an uncontested divorce, there are no disputes that require court intervention, making the process faster, less costly, and less stressful.

To qualify for an uncontested divorce, both parties must sign and submit a written agreement that covers all aspects of their divorce. When spouses can come to mutual decisions on important matters, they can avoid prolonged legal battles– but a mediator may be necessary.

Mediation

Mediation is a process where a neutral third-party mediator helps spouses resolve disagreements and reach a mutually acceptable divorce settlement. The mediator facilitates communication between spouses, helping them to discuss potentially challenging issues like:

• Asset division,
• Custody arrangements, and
• Financial support, without taking sides or making decisions for them.

Mediation is particularly helpful for couples who want to avoid court but need some assistance in reaching an agreement. It promotes cooperation and allows both parties to maintain control over the outcome of their divorce, making it a cost-effective and less adversarial approach than going to court.

Arbitration

Arbitration is another alternative to court, but it is more formal than mediation.

In arbitration, both parties agree to have a neutral arbitrator hear their case and make decisions regarding their divorce. The process is similar to a court hearing, but it remains private, and the arbitrator’s decisions are binding.

While arbitration is more structured than mediation, it still keeps the case out of the courtroom and can lead to faster resolutions. Arbitration is particularly useful when spouses cannot agree on key issues but prefer to avoid a lengthy court battle.

Collaborative Divorce

Collaborative divorce is a legal process in which both spouses work with their own collaboratively trained attorneys to settle the case out of court. This approach requires both parties and their lawyers to commit to resolving the divorce amicably through negotiation and cooperation.

If the process breaks down and the case does go to court, the collaborative attorneys must withdraw, and the couple will need to hire new representation. Collaborative divorce encourages a team approach, often involving financial experts, child specialists, or therapists to help reach an agreement that benefits everyone without involving the court.

This method fosters communication and promotes a respectful, solution-focused divorce process.

What Are the Benefits of Avoiding Court?

Pursuing an out-of-court divorce offers several advantages that can make the process less stressful and more manageable for both parties, including:

• Lower Costs: You can avoid expensive legal fees and court costs by settling outside of court.
• Faster Resolution: Divorces are often resolved more quickly through negotiation or mediation than those resolved in court since they do not have to rely on court schedules.
• Privacy: Out-of-court divorces keep personal details like finances and custody arrangements private, unlike public court records.
• More Control: You and your spouse can agree on terms that work for both of you, rather than leaving decisions to a judge.
• Reduced Conflict: Working together outside of court can create a less confrontational and more cooperative environment.
• Less Emotional Stress: Without the formal court proceedings, the emotional strain of divorce is often reduced, making the process easier for everyone involved.

Avoiding court can lead to a smoother, faster, and less expensive divorce process while providing both parties more control over the outcome.

For more information about these benefits, speak with one of our San Diego divorce lawyers today

When a Court Appearance is Required

While many divorces can be resolved outside of court, there are certain situations where a court appearance is still necessary. These cases typically involve complex or contentious issues that require judicial intervention to ensure a fair outcome.

Here are some scenarios that may require you to appear in court:

• Contested Divorces: If you and your spouse cannot agree on key issues such as property division, spousal support, or other financial matters, the case becomes contested, and a judge will need to make a ruling. A court appearance may be required to present evidence and argue your case.
• Domestic Violence Cases: If your divorce involves domestic violence, a court appearance may be necessary to obtain protective orders or restraining orders. The court will ensure the safety of all parties and handle sensitive issues like emergency custody orders.
• Child Custody Disputes: When parents cannot agree on a custody arrangement, the court may need to intervene to determine the best interests of the child. In these cases, a court appearance is often required to resolve disputes over parenting time, visitation schedules, and decision-making responsibilities.
• Disputes Over Child or Spousal Support: If disagreements arise regarding child support or spousal support payments, you may need to go to court to resolve them. The court will assess each party’s financial situation and make a ruling based on California’s guidelines.
• Uncooperative Spouse: If one spouse refuses to participate in the divorce process or fails to comply with court orders, a court appearance may be necessary to address the noncompliance and move the case forward.

Why You Should Consider a Lawyer for an Out-of-Court Divorce

Even if both parties agree on the terms of an out-of-court divorce, consulting with a Moshtael Family Law attorney can offer considerable benefits. Here’s why you should consider our legal guidance, even when the process seems straightforward:

• Correct Paperwork: Filing the right legal forms is critical, and often complicated. We will ensure that everything is properly filled out and submitted, preventing delays or legal issues due to mistakes.
• Protecting Your Interests: Your lawyer will review your agreement to make sure it’s fair and legally binding, covering important issues like the custody of your children, spousal support, and property division.
• Avoiding Future Problems: Mistakes in the divorce agreement can cause legal problems later on. We help prevent vague or unclear terms that could lead to disputes after the divorce is finalized.
• Expert Guidance: Even seemingly simple divorces can involve complex issues like tax consequences or the division of assets. We offer advice to help you make informed decisions and avoid costly errors.
• Streamlining the Process: Divorce can be stressful. Our lawyers make sure everything is handled smoothly and efficiently, reducing the risk of complications, and putting your mind at ease.

Get in Touch for a Consultation Today!

Divorce can cause stress and uncertainty, but it doesn’t have to be that way. With the right legal support, you can achieve peace and security, and Moshtael Family Law is here to help. Our Irvine divorce lawyers bring decades of legal experience, exclusively handling family law cases to ensure you get the expert representation you need.

Whether you’re considering divorce or you are in the middle of a tough custody battle, Moshtael Family Law is dedicated to providing you with compassionate guidance and strong legal advocacy. We don’t treat clients as just another case—we care about your well-being and will fight to secure the best outcome for you.

Contact us to secure supportive, dedicated legal representation. Complete our online form, or call one of our offices, depending on your location:

• Irvine: (714) 909-2561
• San Diego: (619) 639-9898

We are ready to protect your rights and guide you through this challenging process with care and expertise.