Many people assume that every California divorce ends with both spouses appearing before a judge. That is not necessarily the case.

In certain default and uncontested divorce or legal separation cases, the court may receive the necessary proof through written declarations rather than requiring the parties to personally appear at a hearing. Whether that procedure is appropriate depends on the case and the court’s review of the proposed judgment.

What Is an Uncontested Divorce?

An uncontested case generally means the issues necessary for judgment are not being actively disputed.

That may occur because the spouses have reached an agreement resolving their issues or because the respondent has defaulted and the petitioner is proceeding through the applicable default procedures.

Even when the case is uncontested, however, the court still needs an adequate factual basis for the judgment.

The court does not simply sign a proposed judgment because neither spouse objects. The party requesting judgment must provide the necessary proof supporting the dissolution or legal separation and the orders being requested.

How Can Proof Be Submitted Without a Hearing?

In a dissolution or legal separation case, the necessary proof may be submitted through a declaration.

The declaration is made under penalty of perjury and provides information that otherwise might have been established through testimony at an uncontested hearing.

When the court accepts the proof by declaration, neither party necessarily has to personally appear or testify before the judgment is issued.

This procedure can be particularly practical in straightforward cases where the parties have resolved their issues and the proposed judgment adequately addresses the matters necessary to complete the divorce.

Can the Court Still Require a Hearing?

Yes.

Submitting a judgment by declaration does not eliminate the court’s ability to require a personal appearance when appropriate.

The source materials identify circumstances in which an appearance may be required, including when reconciliation appears reasonably possible, a proposed custody order may not be in the children’s best interests, proposed child support appears lower than the paying parent is capable of paying, or an appearance would otherwise serve the interests of justice.

More complicated cases may also be better suited to an uncontested hearing, even when the parties are not actively litigating against each other.

Uncontested Does Not Mean Automatic

Reaching an agreement is an important step, but the divorce is not finished merely because the spouses have stopped disagreeing.

The required judgment documents must still be properly prepared and submitted, and the court must have a sufficient factual and legal basis to enter the requested orders.

For many straightforward California divorces, completing the process without a traditional courtroom hearing may be possible. The important distinction is that avoiding a hearing does not eliminate the formal requirements for obtaining a valid judgment.