Uncontested Divorce Lawyers in San Diego, California
An uncontested divorce is one where both spouses agree on every issue: property and debt division, custody, and support. Because nothing is fought in court, it is the fastest and most affordable way to divorce in California. The San Diego uncontested divorce lawyers at Smith Family Law, APC prepare, review, and file agreed divorces across San Diego County.
There are several important aspects of your divorce that you and your former partner will need to agree about before you can move forward with your uncontested divorce in San Diego, California. These aspects include:
- Distinguishing between community and separate property. Community property is any property acquired, or any income earned and saved as a married couple. Community property is subject to division in divorce. Separate property is any property you owned before you got married, any gifts you received during your marriage, or any inheritance you received during your marriage. One of the challenges of dividing property entails distinguishing between separate and community property. Even property that in some cases would be considered separate, can, in some instances be considered marital property. This is often why couples speak to a divorce lawyer before filing for uncontested divorce in San Diego, California.
- Legal and Physical Custody. While California doesn’t require parents to create an extensive parenting plan, you will need to let the state know how you and your former partner plan to divide custody of the children. Legal custody refers to both parents’ right to make legal decisions for their children. Physical custody refers to where the children will primarily reside after the divorce. Most couples choose to share legal custody, while one parent will receive physical custody, even if the couple chooses to adopt a 50/50 parenting plan. The parent who is named as getting physical custody typically receives other benefits, like being able to claim the children as dependents for tax purposes. Yet, some couples choose to divide these benefits when drafting their divorce settlement. It is a good idea to create a detailed parenting plan to avoid conflict regarding co-parenting in the future. A detailed parenting plan will often include a specific schedule for visitation or exchanges. It will outline how major holidays will be divided between the parents. And it will often include details about how major decisions will be made and how disagreements about co-parenting will be settled. Because the decisions you make regarding custody will impact your children for the rest of their childhood, many couples choose to work with divorce lawyers even if they ultimately hope to file for uncontested divorce. The uncontested divorce lawyers in San Diego, California at Smith Family Law can help you and your partner work out a co-parenting agreement that works for you.
- Spousal Support or Alimony. Spousal support is money paid from one partner to the other after divorce. When one partner makes significantly more money than the other, spousal support is sometimes paid to the other partner so that they can maintain their standard of living after the divorce. Spousal support can be temporary or long-term. Temporary spousal support is often designed to help a spouse get on their feet, go back to school, or receive training so that they can become self-sufficient after the divorce. In most situations, spousal support is temporary, while spousal support can sometimes be permanent in the cases of a long marriage or when older couples divorce. Determining whether spousal support should be paid, and how much isn’t always a straightforward process. It can help to have an uncontested divorce law firm on your side. The San Diego, California uncontested divorce lawyers at Smith Family understand how judges have typically ruled on different types of spousal support cases and can offer you and your partner guidance. It is possible to reach an agreement about spousal support and file for uncontested divorce, but it can be helpful to have an uncontested divorce lawyer in San Diego, California on your side.
- Child Support. Child support is calculated based on both spouse’s income using the California child support guidelines. How much money each parent makes, how much time each parent spends with the children, and other factors can influence child support. While child support calculations can be more straightforward than other aspects of a divorce settlement, it is important to keep in mind that many couples also choose to set aside additional money to support their children in college, or to pay for other additional expenses. These settlements may be up for negotiation. Other issues can arise with child support calculations if one partner is self-employed, or if a spouse’s income varies from year to year. The uncontested divorce lawyers in San Diego, California can help you and your former partner determine child support amounts and file for uncontested divorce.
Even if you think you and your partner agree about everything, it can be good to have your divorce settlement reviewed by an uncontested divorce lawyer in San Diego, California before you file the paperwork. Once you finalize your divorce, you won’t be able to fix errors. It’s important to get this right the first time. Reach out to the San Diego, California uncontested divorce attorneys at Smith Family Law today.
Common Mistakes with Uncontested Divorce in San Diego, California
If you’re thinking of filing for uncontested divorce in San Diego, California on your own, you might want to think twice. Divorce is a highly complicated process and even the courts recommend that individuals seek legal advice before filing or finalizing their divorce. Here are some common mistakes that couples make when filing for uncontested divorce in San Diego, California:
- Rushing to file when you are emotional. It’s understandable that you might want to finalize your divorce as quickly as possible, especially if you’re hurting right now. Betrayal, infidelity, escalating anger can lead to the desire to take swift and decisive action. Here’s the issue. Once you finalize your divorce, there’s no going back. If you make mistakes, you can’t fix them once your divorce is finalized. The financial decisions you make when you file for divorce can impact you for years to come and can even impact your retirement. While it’s understandable to want to just get it over with as quickly as possible, it’s also a good idea to have your paperwork reviewed by a San Diego, California uncontested divorce lawyer. Remember that your divorce is a financial decision as much as it is a legal and emotional one. Taking the time to consider all the consequences and having the paperwork reviewed by an uncontested divorce lawyer in San Diego, California is a good idea.
- Not taking into account retirement accounts. Retirement accounts, work pensions, IRAs and other types of retirement savings may be subject to division in your divorce. If your partner paid into a retirement account or work pension plan, you may be entitled to a portion of their retirement savings or pension. If you are still years away from retirement, it can be easy to overlook the importance of retirement accounts and savings when filing for divorce. Yet, if you are getting divorced and have these plans, you might want to speak to an uncontested divorce lawyer in San Diego, California about how these retirement plans and savings might impact your divorce.
- Not splitting debts properly. Even if your divorce settlement says that your ex needs to pay off the credit cards, creditors can still go after you if your name is on the account. There are also situations where an ex can file for bankruptcy, leaving their partner on the hook for shared debts, regardless of what the divorce settlement says. When it comes to dividing debts in divorce, often the safest bet is to reconsolidate debt into one partner’s name, or to pay off existing debts using savings or equity from a sold property or home. Not all couples have these options. The language and wording of your divorce settlement matters when it comes to protecting your credit and ensuring that both partners share responsibility for shared debts.
- Not considering tax implications of divorce. When you file for divorce, and how you settle your divorce can have major tax implications. The parent who has physical custody of the children can often claim the children as dependents. If alimony is paid, couples need to consider how existing tax law will impact their tax burden. An uncontested divorce lawyer in San Diego, California can walk you through the ways that divorce will impact your taxes.
- Not putting a detailed parenting plan in place. While it might be tempting to say you and your ex will just be flexible about the parenting plan, having a detailed parenting plan not only can create consistency and stability for your children, it can also protect you and your co-parent from unnecessary arguments in the future. While a less detailed parenting plan might be easier now. It could impact you later.
These are just some of the common errors that individuals might make when filing for uncontested divorce. Other factors, like property distinguishing between marital and separate property, can also play a role. If you are thinking of filing for uncontested divorce in San Diego, California, consider having a San Diego, California uncontested divorce lawyer review your settlement before you finalize your divorce. Our uncontested divorce law firm can identify potential errors and help you reach a fair divorce settlement for you and your partner.
How to File for Uncontested Divorce in San Diego, California
To file for uncontested divorce in San Diego, California you’ll need to fill out all required paperwork. You’ll need to meet California residency requirements, meaning you will have had to have lived in California for at least six months prior to filing, and had to have lived in the county where you are filing for at least the last three months. Couples with a marriage under five years, no children together, no real estate, limited property, and community debts under 7,000 dollars may qualify for summary dissolution under Family Code Sections 2400 through 2406; the property limits are 57,000 dollars as of 2025 and adjust periodically.
California’s New Joint Petition for Agreed Divorces (2026)
Since January 1, 2026, California lets spouses who agree on all terms file one joint petition for dissolution together under Senate Bill 1427. Unlike the older summary dissolution shortcut, the joint petition has no limits on the length of the marriage, the value of your property, or whether you have children. You exchange financial disclosures, file the joint petition with your signed settlement agreement, and the standard six-month waiting period under Family Code Section 2339 still applies. Our attorneys can prepare the full joint filing package so your agreed divorce moves through the San Diego Superior Court cleanly.
The forms can be found here.
You’ll need to fill out the Petition for Divorce, the Summons, and if you have children the Declaration under Uniform Child Custody Jurisdiction and Enforcement Act. If you have questions when filling out these forms, don’t hesitate to reach out to the uncontested divorce law firm in San Diego, California at Smith Family Law.
You’ll need to take the forms to your county court clerk and pay the divorce filing fee which varies between $435 and $450.
After you successfully file for divorce, you’ll need to formally deliver the paperwork to your spouse. This must be done properly to be legally valid. Usually people hire a process server or ask a third party like a professional process server or a friend to deliver the paperwork. Paperwork known as Proof of Service of Summons must be filled out and submitted to the court.
With an uncontested divorce, you and your former partner have likely already discussed the paperwork and may have already filled out the forms together. This formality gives your partner one last chance to review the paperwork and decide if they want to agree to all the terms of the divorce before the divorce is finalized.
After the paperwork has been served, you’ll need to share financial information with your former spouse. This process is known as financial disclosure. This allows you and your lawyers another chance to review the divorce settlement in light of each party’s financial situation to make sure no details have been missed regarding the division of separate and community property and debts. Once you share your financial information with your spouse, you’ll fill out a form acknowledging to the court that financial information was shared.
After this takes place, you can finalize your divorce with a written agreement. This is where you and your former partner agree to all aspects of the divorce. The San Diego, California uncontested divorce lawyers at Smith Family Law can work with you to help you finalize your divorce as swiftly as possible. Contact our uncontested divorce law firm in San Diego, California today.
Providing Less Aggressive Divorce Solutions
Uncontested divorces are typically the most affordable form of divorce, and at Smith Family Law, APC, we will work with you to make that possible if we can.
At the same time, uncontested divorces, which are the most amicable of divorces, are still major life events and can still be overwhelming. During this extremely stressful time, we will be by your side to remove some of the stress and ensure that you are protected.
We are here to help you find answers to all your questions, including:
- How do you file an uncontested divorce?
- What are the costs, and how expensive is an uncontested divorce?
- How long does an uncontested divorce take?
- How exactly can you protect or divide your finances and assets?
Every couple’s needs vary. You can have a high net worth and still have it be a goal to file for uncontested divorce. You just may need to work more closely with your lawyers to make it possible. Other couples have relatively few assets, few debts, and no children. In this case, an uncontested divorce can often be a relatively straightforward process. It still helps to have an uncontested divorce lawyer on your side to address any issues or questions.
Talk To A Lawyer About Your Divorce
You may have received advice from your divorced friends about what should, or should not, be happening with your divorce. Since every divorce is different, their well-intentioned advice is often misleading or wrong. We will become completely familiar with the specifics of your case so that we are able to be your best possible advocate.
Uncontested divorces are usually a mutual decision, but we know that the process is still emotional. We aren’t here to criticize your life or your choices; we are here to provide you with some certainty during these uncertain times. No one should have to make these decisions alone.
The good news is you don’t have to. The attorneys at Smith Family Law, APC, are here to help make uncontested divorces as simple and affordable as possible. We will be with you from the beginning to the end of the entire process to make sure that both parties, and their assets, are protected.
Start The Divorce Process Now
In the state of California, a divorce can cost several thousands of dollars or more, depending on the assets and the circumstances involved. The best way to start is by scheduling a free consultation, so we can answer your questions and explain the process of an uncontested divorce.
To learn more about how an amicable divorce works you can call our San Diego office at (619) 431-3131 or use our online contact form.
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Why Smith Family Law?
FREE PHONE CONSULTATION.
Your first conversation with our team costs nothing, and you can meet with us from anywhere in San Diego County.
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Smith Family Law, APC is a veteran-owned firm that has focused on California family law from our downtown San Diego office since 2017
MORE THAN 50 YEARS OF COMBINED EXPERIENCE.
Our attorneys bring more than 50 years of combined family law experience to every case we handle.
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Senior Associate Attorney Caroline Plemmons is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization.
Frequently Asked Questions
Six months is the floor: Family Code Section 2339 bars any divorce judgment sooner than six months after the respondent is served or the joint petition is filed. With paperwork done right the first time, agreed cases in San Diego typically finalize at or near that minimum.
The court filing fee runs between 435 and 450 dollars per party, with fee waivers available. Attorney costs for an agreed divorce are a small fraction of contested litigation, and having a lawyer prepare or review the settlement protects you from mistakes that are permanent once judgment enters.
Summary dissolution is a simplified process limited to short marriages with no children, no real estate, and limited property and debt. Uncontested divorce covers any couple who agrees on all terms. Since January 1, 2026, agreeing couples can also file a single joint petition regardless of assets or children.
Yes. California requires both spouses to exchange preliminary declarations of disclosure covering income, assets, and debts before the divorce can be finalized. Skipping or fudging disclosures is one of the few things that can unravel an agreed judgment later, so complete them carefully.
Yes, at any point before judgment either spouse can dispute a term, which converts the issue to a contested track. Most cases stay agreed when the settlement is drafted precisely and both sides had it reviewed. If a dispute does surface, mediation often gets the case back on the uncontested path.