Many people assume that if a divorce is uncontested—or if one party simply doesn’t respond—the process is automatic. In reality, California law requires more than just paperwork. Even in default or uncontested cases, the court must have sufficient “proof” before it can issue a final judgment.

Understanding this requirement can help you avoid delays and ensure your case is handled correctly the first time.

The Court Still Needs Proof—Even If No One Is Arguing

Whether your case is resolved by agreement or proceeds by default (when one party does not respond), the court cannot grant a divorce or legal separation without evidence supporting the request.

This means the court must confirm:

• The legal grounds for the divorce or separation
• That all required facts in the petition are true
• That the requested orders (property division, support, custody, etc.) are appropriate

You can provide this proof in one of two ways:

1. By submitting a written declaration
2. By testifying at a brief, uncontested court hearing

Option 1: Proving Your Case by Declaration

Today, most uncontested divorces are finalized through written declarations rather than in-person hearings. This involves submitting a sworn statement—typically using Judicial Council Form FL-170—that outlines the facts of your case under penalty of perjury.

This approach is often faster and more convenient because:

• No court appearance is required in most cases
• The process is largely handled through paperwork
• Courts frequently prefer this method for straightforward cases

However, the court may still require a hearing if certain concerns arise, such as:

• Questions about child custody arrangements
• Concerns that child support is too low
• A possibility that the parties could reconcile
• Any situation where a judge believes additional clarification is needed

In general, declarations work best for simpler cases—such as shorter marriages with limited assets and no disputes over children or support.

What Needs to Be Included?

Submitting a declaration is not just about filling out one form. Depending on your situation, you may also need to include:

• A property declaration outlining assets and debts
• Income and expense information if support is requested
• A settlement agreement, if one exists

Accuracy is critical. For example, in a default case, the final judgment cannot include anything that was not originally requested in the petition. Mistakes or omissions can result in rejection or delays.

The court will review your documents and notify you of any issues that need correction before granting judgment.

Option 2: Proving Your Case at a Hearing

In some situations, it may be better—or necessary—to attend an uncontested hearing. This is more common when:

• The case involves complex or high-value assets
• There are unusual or unequal property divisions
• There are questions about service of documents
• Child-related issues require closer scrutiny

At the hearing, the requesting party (usually the petitioner) will testify under oath. The judge may ask questions or allow your attorney to guide you through the required facts.

Although these hearings are typically brief, preparation is still important. You must be ready to clearly explain the basis for your requests and provide any necessary documentation.

Procedural Details That Matter

Even in uncontested cases, technical requirements can affect your outcome. For example:

• Proper proof of service must be on file in default cases
• If the other party previously appeared, they may need advance notice of the hearing
• Some hearings may be conducted by a temporary judge, which may require consent

Overlooking these details can lead to delays—or even rejection of your judgment.

Why You Should Consult a Family Law Attorney

Default and uncontested divorces may seem simple, but they are still governed by strict legal requirements. Small errors in paperwork, missing forms, or incorrect requests for relief can slow down your case or create long-term problems.

A family law attorney can:

• Ensure all required documents are properly prepared and submitted
• Help you decide whether to proceed by declaration or hearing
• Identify potential issues before the court does
• Make sure your final judgment accurately reflects your rights and agreements

Even when both parties agree—or one party is not participating—having the right guidance can make the process smoother, faster, and far less stressful.