1. Map the Uncontested Route before Filing Final Papers
Spouses should identify property, debt, support, and parenting issues early. Family Code § 2320 generally requires six months of state residence and three months in the filing county before a dissolution judgment may be entered.
Identify the Issues That Need Orders
- Property and debt: List assets, liabilities, ownership, and proposed division.
- Support: Decide whether spousal support is paid, waived, or reserved.
- Children: Address custody, parenting time, and child support when applicable.
Know the Three Common Completion Paths
| Path | Respondent Status | Finalization Route |
|---|---|---|
| Agreed uncontested | Response filed or spouse participates through FL-130 | Agreement and final forms are submitted for review. |
| Default with agreement | No Response filed | Default request includes the signed agreement. |
| True default | No Response or agreement | Court considers relief supported by the filed papers. |
Agreed uncontested
- Respondent StatusResponse filed or spouse participates through FL-130
- Finalization RouteAgreement and final forms are submitted for review.
Default with agreement
- Respondent StatusNo Response filed
- Finalization RouteDefault request includes the signed agreement.
True default
- Respondent StatusNo Response or agreement
- Finalization RouteCourt considers relief supported by the filed papers.
For the documents that open the case, review Divorce Petition.
2. File the Petition and Complete Service
The petitioner generally starts with FL-100 and FL-110. FL-105 is required when the spouses have minor children together. The first filing fee is generally $435 to $450, with fee waivers available to qualifying filers.
Initial Forms Start the Case
| Form | Purpose | Process Point |
|---|---|---|
| FL-100 | States marriage information and requested relief. | Starts the case. |
| FL-110 | Provides the summons and response warning. | Served with the petition. |
| FL-105 | Provides child-custody jurisdiction information. | Used when minor children are involved. |
FL-100
- PurposeStates marriage information and requested relief.
- Process PointStarts the case.
FL-110
- PurposeProvides the summons and response warning.
- Process PointServed with the petition.
FL-105
- PurposeProvides child-custody jurisdiction information.
- Process PointUsed when minor children are involved.
Service Starts Two Different Timelines
- Response: The respondent generally has 30 days after completed service to file FL-120.
- Cooperative service: Mail service may use FL-117 when the respondent signs and returns the acknowledgment.
- Proof: FL-115 records how and when service was completed.
- Waiting period: Family Code § 2339 measures the earliest marital-status termination date from service or the respondent’s appearance, whichever occurs first.
For the broader filing sequence, see How to Get Divorced.
3. Complete Disclosure and Put the Settlement in Writing
Agreement does not eliminate disclosure duties. Family Code § 2104 generally requires the petitioner to serve preliminary disclosure with the petition or within 60 days after filing. A responding spouse generally serves it with the Response or within 60 days after filing it.
Keep Disclosure Papers in the Right Place
- Preliminary disclosure: Exchange the required financial forms and supporting information.
- Proof of service: The disclosure papers ordinarily stay between the spouses; FL-141 is filed with the court.
- Final disclosure: FL-144 may document a mutual waiver when the requirements of Family Code § 2105 are met.
Make the Agreement Match the Requested Judgment
| Topic | Agreement Should Address | Review Risk |
|---|---|---|
| Property | Assets, debts, values, and transfers | Missing terms can leave the judgment incomplete. |
| Support | Amount, duration, waiver, or reservation | Unclear terms may not support the intended order. |
| Children | Custody, parenting time, and support | Additional forms may be required. |
Property
- Agreement Should AddressAssets, debts, values, and transfers
- Review RiskMissing terms can leave the judgment incomplete.
Support
- Agreement Should AddressAmount, duration, waiver, or reservation
- Review RiskUnclear terms may not support the intended order.
Children
- Agreement Should AddressCustody, parenting time, and support
- Review RiskAdditional forms may be required.
If some terms remain unresolved, Divorce Mediation Cost addresses settlement-planning considerations.
4. Choose the Correct Judgment Route and Final Forms
A filed Response does not make a case contested if the spouses resolve every issue. If no Response is filed after 30 days, the petitioner may request default. The final packet depends on the route.
The Finalization Route Determines Key Forms
| Route | Key Forms | Important Point |
|---|---|---|
| Agreed uncontested | FL-130 and FL-170 | FL-130 records participation, agreement, and specified waivers. |
| Default with agreement | FL-165 and FL-170 | No Response was filed; the respondent’s agreement signature is notarized. |
| True default | FL-165 and FL-170 | No Response or settlement agreement is submitted. |
Agreed uncontested
- Key FormsFL-130 and FL-170
- Important PointFL-130 records participation, agreement, and specified waivers.
Default with agreement
- Key FormsFL-165 and FL-170
- Important PointNo Response was filed; the respondent’s agreement signature is notarized.
True default
- Key FormsFL-165 and FL-170
- Important PointNo Response or settlement agreement is submitted.
Build a Consistent Judgment Package
- FL-180: Contains the judgment and final orders.
- FL-190: Gives notice of entry of judgment and the marital-status termination date.
- Attachments: Property, support, custody, and child-support forms must match the route and requested orders.
- Checklist: FL-182 identifies forms a court may require for a default or uncontested judgment.
For related final-order issues, review Divorce Proceedings.
5. Judge Review May Be Completed without a Hearing
Family Code § 2336 allows qualifying default and uncontested matters to be submitted by declaration. Rule 5.409 makes the hearing decision case-specific rather than automatic. The court may still request corrections, evidence, or an appearance.
What Happens after Submission
- The court conducts a procedural review of the submitted judgment papers.
- Defects may be returned for correction before the judge signs the judgment.
- A hearing may be set when the judge needs additional evidence or clarification.
Court Processing Time Is Separate from the Six-Month Rule
- Local processing time varies, so there is no single statewide approval timeline.
- A judgment may be signed before six months have passed, but marital status cannot terminate earlier than Family Code § 2339 permits.
- FL-190 identifies the judgment entry and the applicable marital-status termination date.
6. Frequently Asked Questions
Can a default divorce judgment be entered without a court appearance?
Often, yes. Qualifying default and uncontested matters may be submitted by declaration, although the judge may order a hearing when the record requires one.
Can service be completed without personal delivery if both spouses cooperate?
Yes. Mail service with FL-117 can be used when the respondent signs and returns the acknowledgment. Service is completed on the date the respondent signs it.
Can a spouse file a Response and still have an uncontested divorce?
Yes. Filing a Response does not require a trial. If the spouses resolve every issue, they can submit an agreed judgment package.
Does the six-month waiting period begin when the petition is filed?
No. Family Code § 2339 generally measures it from service of the summons and petition or the respondent’s appearance, whichever occurs first.
7. When Legal Review May Be Appropriate
An agreed divorce can still involve property, support, parenting terms, disclosure, and final judgment papers. Review before submission can identify inconsistencies that require correction.
SJKP attorneys can review the filing path, written agreement, disclosure record, and judgment papers for an agreed or default dissolution. Contact SJKP Law Firm to discuss the procedural steps before final submission.
23 Sep, 2026
