Courtrooms rarely feel like the right place to end a marriage. The process is public, formal, and often contentious. So it’s understandable that many couples wonder: Can you get a divorce without going to court in California?
In most cases, the answer is yes. If both spouses agree on every major issue, the law allows a divorce to proceed without a single hearing. California promotes settlement over litigation through streamlined procedures, uncontested filings, and mediation. The key is cooperation and precise documentation.
Barnholtz & Kugler helps couples choose the most efficient path. The firm guides clients through mediation, document preparation, and settlement approval, protecting their rights while avoiding unnecessary court appearances. With more than 60 years of combined family law experience, our attorneys know how to help you finalize a divorce quietly, efficiently, and legally. Contact us online or call (661) 799-9140 to speak with our team and take the first step toward a smooth, private resolution.
When Can You Get a Divorce Without Going to Court in California?
California law recognizes that lengthy trials drain families. While a judge must ultimately sign a judgment of dissolution, that signature doesn’t always require a personal appearance. You can finalize your divorce outside the courtroom if:
- Both spouses agree on every issue, including property division, spousal support, custody, and child support;
- You file all required documents correctly; and
- No disputes remain for the judge to resolve.
When you meet these conditions, the court can enter judgment “on the papers.” Neither you nor your spouse has to step inside a courthouse, though you must still handle filings and notarizations. This process saves time and emotional cost while meeting every statutory requirement.
How Does Divorce Mediation Help Couples Avoid Court?
Mediation helps keep divorce out of court by giving spouses a neutral forum to reach an agreement without litigation. A trained mediator, often an attorney familiar with family law and divorce, facilitates productive discussion, clarifies financial realities, and helps draft a settlement that becomes part of the final judgment.
Mediation works best when both parties:
- Want to keep control instead of leaving decisions to a judge,
- Prefer a confidential environment,
- Need creative solutions for parenting schedules or asset division, and
- Are willing to exchange complete financial information.
Because the mediator remains neutral, each spouse may still choose independent counsel to review the terms. However, once filed and approved by the court, agreements reached in mediation are enforceable. With proper guidance, mediation transforms potential courtroom battles into structured, forward-focused conversations.
Can an Uncontested Divorce Be Handled Completely Out of Court?
An uncontested divorce, where both parties agree on every term, is the simplest way to complete a divorce out of court. Additionally, California’s summary dissolution procedure streamlines uncontested cases for couples who meet specific conditions that include:
- Marriage lasting five years or less,
- No children together and no pregnancy,
- Limited community property, and
- A written agreement dividing all assets and debts.
Both spouses must file a Joint Petition (Form FL-800) and wait the mandatory six-month cooling-off period before the court issues a final judgment. Aside from the paperwork, the process unfolds entirely outside the courtroom.
Even for longer marriages or those involving children, a standard uncontested case can close quickly and without appearances if the paperwork is complete and properly served. Legal oversight ensures each form meets the precise technical standards of the California Family Code.
What Paperwork Do I Need If Both My Spouse and I Agree to Divorce?
Knowing how to divorce without going to court begins with preparation. California’s family-law system revolves around documentation. Missing forms or errors can delay final judgment for months.
- Appearance, Stipulations, and Waivers (form FL-130). This document states that you and your spouse agree about how to resolve your divorce, and will waive your rights, like the right to a trial, so that the court can accept your agreement.
- Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170). The declaration tells the court that you meet the requirements for it to decide your case based on your agreement.
- Judgment (form FL-180). This serves as the final court order to get a divorce.
- Marital Settlement Agreement. A final settlement agreement is necessary to detail the handling of property, custody, and support.
- Notice of Entry of Judgment (form FL-190). The court will mail this form back to you after the judge has signed the judgment. It’s the official notice that your divorce or legal separation is final.
Each document must be complete, signed, and filed with the correct county clerk. Couples using mediation or collaborative representation often rely on counsel to manage filing logistics so the agreement moves from discussion to decree without procedural setbacks.
Do I Still Need a Lawyer If We Settle Everything Outside of Court?
Even amicable divorces involve legal consequences that last for years. Attorneys ensure that settlements comply with statutory rules and that the judgment remains enforceable.
Professional counsel provides value by:
- Drafting precise language for child support and spousal support clauses,
- Confirming tax and retirement-account divisions meet federal regulations,
- Preventing clerical or filing errors that could invalidate the judgment,
- Anticipating future disputes and addressing them in the agreement, and
- Ensuring both parties fully understand their rights and obligations.
Choosing an attorney doesn’t mean escalating conflict. It means completing the process correctly the first time, so no one has to return to court later to fix overlooked details.
Seeking a Divorce Out of Court? Barnholtz & Kugler Can Help You
Every family deserves a resolution that minimizes conflict and preserves dignity. Barnholtz & Kugler helps Californians finalize divorces through mediation, settlement, or uncontested procedures efficiently, privately, and within the law. With over 60 years of combined legal experience, the firm balances empathy with precision, ensuring every step meets the legal standard while reducing unnecessary stress.
The firm assists clients in:
- Mediating settlements to avoid formal hearings,
- Preparing and filing all required forms with accuracy,
- Finalizing uncontested judgments through summary or standard dissolution,
- Advising on property and custody terms that withstand court scrutiny, and
- Resolving disputes quickly when cooperation falters.
For couples seeking a private resolution or guidance during tough negotiations, Barnholtz & Kugler offers steady, practical support. Our team manages the details—from necessary paperwork to filing—so progress never stalls. Contact us online or call (661) 799-9140 to learn how our experienced attorneys can help you finalize your divorce with clarity, confidence, and care.