If you’re facing the end of your marriage in California—and especially here in Los Angeles County—one of the most important early decisions involves choosing the right divorce path. This choice affects how long your case takes, how much you spend on legal fees, how much control you retain over the outcome, and how much emotional strain you and your family experience along the way.
When people ask about “types of divorce,” they’re usually asking about two related things: the legal grounds for ending a marriage (which in California means no-fault) and the process used to resolve disputes (contested, uncontested, mediation, collaborative, or default). Understanding both dimensions helps you make smarter decisions from day one.
As a Los Angeles family law attorney and Certified Family Law Specialist with a background as a CPA, I’ve spent over 27 years helping clients navigate these choices. My goal is always the same: match you to the divorce process that protects both your legal rights and your financial interests.
What you’ll learn in this article:
- Why California’s no-fault system still leaves major decisions about custody, support, and property division in your hands
- The key differences between uncontested and contested divorce, including realistic timelines and costs
- When simplified options like summary dissolution actually make sense—and when they don’t
- How process choices (mediation, collaborative divorce, default) shape your experience
- What high-net-worth and financially complex divorces require beyond the basics
No‑Fault Divorce in California: The Legal Ground for Almost Every Case
California became the first state in the nation to adopt no fault divorce back in 1970, and today it remains a pure no-fault state. This means you don’t need to prove your spouse did something wrong to end your marriage. You simply need to state that your marriage has broken down due to irreconcilable differences—a legal term meaning you and your other spouse have differences that cannot be resolved.
The only alternative ground under California law is permanent legal incapacity of one spouse to make decisions, which requires medical proof and is rarely used. For practical purposes, virtually every California divorce proceeds on the basis of irreconcilable differences.
What no-fault actually means for your case:
California courts do not consider adultery, abandonment, or other misconduct when deciding how to divide property or calculate spousal support. The focus is on community property rules and financial need, not on who was “at fault” for the marriage ending. However, there are narrow exceptions. Domestic violence can significantly impact child custody decisions and, in some cases, support. Economic misconduct—like one spouse hiding assets or running up debts before filing—may also affect property division.
One important point: your spouse cannot prevent the divorce from happening. If one spouse files a divorce petition and wants to proceed, the court grants the dissolution even if the other party disagrees. Consent is not required to end a marriage in California.
Understanding the terminology:
- Dissolution of marriage is the formal legal term for divorce in California—the complete termination of marital status
- Legal separation uses almost identical court procedures but leaves you legally married at the end
- Annulment (nullity) asks the court to declare that a valid marriage never existed
These distinctions matter because they affect everything from your ability to remarry to your health insurance options.
Key takeaways:
- California requires only “irreconcilable differences” to end a marriage—no proof of fault needed
- One spouse can proceed with divorce even if the other spouse refuses to participate
- Fault generally doesn’t affect property division or support, though domestic violence and economic misconduct may be exceptions
Uncontested Divorce: When You and Your Spouse Can Reach Agreement
An uncontested divorce happens when both spouses agree on every major issue before asking the court to finalize their divorce. This includes custody arrangements and parenting time, child support calculations, spousal support (amount and duration), how to divide property and debts, and what happens to any business interests or real estate.
When parties agree on all these points, the divorce process becomes significantly simpler. According to American Bar Association data, approximately 70-80% of divorces nationally are resolved without a full trial, with many qualifying as truly uncontested.
When it works best
An uncontested divorce is ideal when you and your spouse communicate reasonably well, have relatively straightforward finances, and share similar goals for the future. Couples with minor children can absolutely use this path—what matters is your ability to agree on a parenting plan, not whether kids are involved.
The benefits are substantial: a faster timeline (though California still requires a mandatory six-month waiting period from service of divorce papers), significantly lower legal fees (often $5,000-$10,000 total versus $50,000+ for contested litigation), fewer or no court appearances, and far less emotional conflict.
Financial disclosure still required
Even in the most amicable, uncontested case, California law mandates full financial disclosures. Both spouses must exchange Preliminary Declarations of Disclosure, including an Income and Expense Declaration and Schedule of Assets and Debts. These financial documents ensure neither party is hiding assets or debts.
Skipping this step—or doing it carelessly—can create serious problems later. I’ve seen divorce cases reopened years after the final judgment because one spouse failed to disclose a retirement account or undervalued a business interest.
The importance of a proper settlement agreement
The marital settlement agreement is the backbone of any uncontested divorce. This document spells out exactly how you’ll divide assets, handle support, and share parenting responsibilities. Once the court approves it, the agreement becomes legally binding.
For high-net-worth couples, business owners, or anyone with complex finances, careful drafting of this settlement agreement is critical. Mistakes in how you characterize asset transfers, structure support payments, or divide retirement accounts can create unexpected tax consequences that cost tens of thousands of dollars.
How couples reach an agreement
You don’t have to figure everything out on your own. Many couples reach agreement through:
- Direct negotiation (sometimes with each spouse consulting their own lawyer)
- Mediation with a neutral third party
- Collaborative divorce with a team of professionals
My background as both a divorce lawyer and a licensed CPA is particularly valuable in structuring settlement terms that make financial sense long-term—not just terms that seem fair on paper today.
Contested Divorce: When the Court Must Resolve Disputes
A contested divorce occurs when one or more major issues remain unresolved between spouses, requiring a judge to make the final decision. This might involve disagreements about child custody, the value of a business, how to trace separate versus community property, or calculations for child support or spousal support.
Contested doesn’t necessarily mean hostile or high-conflict. Many divorce cases start with significant disagreements but settle before trial through skilled negotiation. However, the contested label means you’re prepared to go through the full court process if settlement isn’t possible.
Typical stages in Los Angeles County
A contested case in Los Angeles Superior Court generally proceeds through these stages:
- Filing and Response – One spouse files the divorce petition; the other spouse files a Response within 30 days
- Temporary Orders – Either party can file a Request for Order seeking immediate court intervention on custody, support, or exclusive use of property while the case is pending
- Discovery – Both sides exchange financial disclosures, and may issue subpoenas, take depositions, or retain forensic accountants and business valuation experts
- Settlement Conferences – The court typically requires settlement efforts before trial, often through mandatory settlement conferences or private mediation
- Trial – If no settlement is reached, a judge hears evidence and makes binding decisions on all disputed issues
In LA County, contested cases with significant complexity often take 12-24 months from filing to final judgment. Costs vary widely based on the issues involved—expect $15,000 to $100,000 or more for cases involving business valuation, custody disputes, or extensive discovery.
Common reasons cases become contested
- Disagreements over parenting time and custody arrangements (especially when one parent wants to relocate)
- Disputes about the value of a closely-held business or professional practice
- Questions about tracing separate property (like an inheritance) that may have been commingled with community funds
- Disagreements about income for support purposes—particularly with business owners, commission earners, or executives with stock options and RSUs
- Allegations that one spouse dissipated community assets before or during the divorce
What to expect realistically
Even in contested cases, most parties eventually settle before trial. Court hearings, discovery, and the costs of traditional litigation often motivate both sides to find middle ground. But you need to be prepared for a longer timeline and higher legal fees than an uncontested case.
A Certified Family Law Specialist with financial training can make a significant difference in contested cases. When disputes involve real estate portfolios, retirement plan division through QDROs, multi-entity business structures, or deferred compensation, having an attorney who understands both the legal issues and the underlying financial documents helps you advocate effectively and avoid costly oversights.
Simplified Paths: Summary Dissolution and Other Streamlined Options
California offers simplified divorce procedures for couples who meet strict eligibility requirements. If you qualify, these options can save significant time and money—but they’re not appropriate for everyone.
Summary Dissolution: California’s Streamlined Divorce
A summary dissolution is a simplified divorce available to couples with relatively short marriages and limited assets. To qualify, you must meet all of the following requirements:
- Your marriage or domestic partnership has lasted less than 5 years
- You have no minor children together (and neither spouse is currently pregnant)
- You don’t own any real property (no house, land, or condo—other than a lease with less than one year remaining)
- Your total community property is less than approximately $50,000 (excluding vehicles)
- Your total community debts are less than approximately $10,000 (excluding car loans)
- Both spouses waive any right to spousal support
- You’ve signed a written separation agreement dividing all assets and debts
If you meet these criteria, you can file a joint petition for summary dissolution using California courts forms (FL-800 series). Both spouses sign the divorce documents together, and after the mandatory six-month waiting period, the divorce becomes final automatically.
Summary dissolution typically costs under $1,000 in filing fees and requires no court appearances. But the strict eligibility requirements mean only about 5-10% of divorcing couples qualify nationally.
When summary dissolution doesn’t work
Summary dissolution is rarely appropriate for:
- Couples with any real estate holdings
- Marriages involving retirement accounts requiring division
- Situations where one spouse might need spousal support
- Any case involving children
- Couples with business interests or complex financial arrangements
If you’re considering this path, I strongly recommend consulting with a family law attorney first. Giving up your right to support or mishandling property division can have consequences that last decades.
Other simplified filing procedures
California courts have been expanding simplified divorce procedures beyond traditional summary dissolution. Some counties now offer streamlined joint petition options for couples who agree on all terms but don’t qualify for summary dissolution. These newer procedures vary by jurisdiction, so check with an attorney familiar with Los Angeles County filing procedures for current options.
Process‑Driven Types of Divorce: Mediation, Collaborative, and Default
Beyond the question of “contested or uncontested,” you have choices about how to resolve your divorce. These process options can apply whether you’re starting with agreement or working through disputes.
Mediation
Mediation involves working with a neutral third party—the mediator—who helps you and your spouse negotiate terms without going to court. The mediator facilitates discussion and helps identify solutions, but doesn’t make decisions for you or represent either party.
Key points about mediation:
- Success rates are high—approximately 70-85% of mediated divorce cases reach settlement
- Costs typically range from $5,000-$15,000, far less than contested litigation
- The mediator cannot provide legal advice to either spouse, so having your own lawyer review any proposed agreement is wise
- Works best when both spouses are willing to participate in good faith and share financial information openly
- California requires mediation for child custody disputes through county Conciliation Court services
Mediation can work well even in high-asset divorces, provided both parties are transparent about finances. My financial background often helps mediation clients understand complex issues like stock option valuation or business income analysis.
Collaborative Divorce
Collaborative divorce takes a team-based approach. Each spouse hires a collaboratively-trained attorney, and the parties may jointly retain neutral professionals—a financial specialist, mental health professionals, or child specialists—to help resolve issues.
The defining feature: everyone signs a binding agreement that if collaborative efforts fail, both attorneys must withdraw. Neither can represent their client in subsequent court proceedings. This creates strong incentives for everyone to work toward settlement.
Collaborative divorce is especially valuable for:
- Preserving co-parenting relationships when you’ll be raising children together for years
- Managing complex financial information in a controlled, private setting
- Couples who want to make their own decisions rather than have a judge decide for them
The collaborative process has grown about 20% in California since 2020, according to the International Academy of Collaborative Professionals.
Default Divorce
A default divorce occurs when the respondent—the spouse who receives divorce papers—fails to file a Response within 30 days of proper service. When this happens, the filing spouse can request a default judgment, potentially obtaining a divorce decree without the other party’s participation.
Important considerations about default:
- Even in default cases, the petitioner must still provide proper financial disclosures and propose reasonable orders on property, custody, and support
- Courts scrutinize default judgments carefully, especially when minor children or significant assets are involved
- Service must be done properly, or the judgment may be challenged later
- Default isn’t always simple—judges can reject proposed terms that seem unfair or incomplete
Comparing your options
Process | Best For | Typical Cost | Timeline |
|---|---|---|---|
Direct Negotiation | Couples who communicate well | $5,000-$15,000 | 6-9 months |
Mediation | Couples willing to work with neutral help | $5,000-$15,000 | 6-12 months |
Collaborative | Complex cases, co-parenting focus | $15,000-$30,000 | 6-18 months |
Litigation | Significant disputes, uncooperative spouse | $20,000-$100,000+ | 12-24 months |
Default | Non-participating respondent | $5,000-$10,000 | 6-9 months |
Many LA County cases blend these approaches—starting with negotiation, moving to mediation when stuck, and reserving court intervention for issues that truly can’t be resolved otherwise.
Legal Separation and Annulment: Alternatives to Ending the Marriage
Legal separation and annulment aren’t technically “types of divorce,” but they’re closely related options that many people consider when facing marital issues.
Legal Separation
Legal separation in California uses almost identical court procedures, filing procedures, and forms as dissolution. The court can issue orders for child custody, child support, spousal support, and property division—just like in a divorce. The critical difference: you remain legally married at the end.
Common reasons clients choose legal separation:
- Religious beliefs that prohibit divorce
- Health insurance—some employer plans allow a legally separate spouse to remain covered, while divorce terminates eligibility
- Residency requirements—you can file for legal separation immediately in California, but dissolution requires you’ve lived in the state for 6 months and in your county for 3 months
- Uncertainty—some couples want to legally separate and formalize arrangements without making the divorce final immediately
About 2-5% of legal separations eventually convert to divorce, according to Census data. If you later decide to divorce, you’ll need to file a new petition, though you can often use the same custody and support orders.
Annulment (Nullity of Marriage)
An annulment asks the court to declare that a valid marriage never existed. Unlike divorce, which ends a valid marriage, annulment treats the marriage as void from the beginning.
California recognizes limited legal grounds for annulment:
- Bigamy—one spouse was already married to someone else
- Incest—the spouses are close blood relatives
- Underage marriage—one party was under 18 without proper parental/court consent
- Fraud—one spouse deceived the other about something going to the essence of the marriage (like the ability to have children)
- Force—one party was forced into the marriage
- Mental incapacity—one party lacked capacity to consent to marriage
Annulments are fact-intensive and often contested. You must prove specific legal grounds with evidence—you can’t get an annulment simply because the marriage was short or you regret the decision.
Property division and support questions can still arise in both legal separation and annulment cases. Even when a marriage is declared void, the court may need to address accumulated assets, debts, and support for any children.
Financially Complex and High‑Net‑Worth Divorce: Same Types, Higher Stakes
High-net-worth divorces and financially complex cases still fall into the same basic categories—contested, uncontested, mediated, or collaborative. But the stakes are dramatically higher, and mistakes can cost hundreds of thousands of dollars.
Key financial issues in complex divorces:
- Business valuation—determining the fair market value of a closely-held business, professional practice, or startup requires specialized expertise (forensic accountants often use discounted cash flow analysis or excess earnings methods)
- Retirement plan division—splitting 401(k)s, pensions, and deferred compensation requires Qualified Domestic Relations Orders (QDROs) that comply with ERISA requirements
- Stock-based compensation—executives with RSUs, stock options, or carried interest face complex issues about what’s community property versus separate property
- Tracing—when separate property (like an inheritance) has been mixed with community funds, forensic accounting can trace the source to determine the proper division
- Tax consequences—how you structure asset transfers and support payments significantly affects both parties’ tax obligations
Why dual expertise matters
A divorce lawyer who understands financial statements, tax returns, K-1s, and compensation structures can catch issues that attorneys without this background might miss. When I review bank statements, business records, or stock award agreements, I’m looking not just at legal issues but at the practical financial implications of different settlement structures.
For example, a tech executive’s RSU grant might appear straightforward, but determining which shares are community property requires analyzing grant dates, vesting schedules, and the relationship between employment during marriage and the compensation itself.
Even in uncontested or mediated high-asset divorces, careful drafting matters enormously. A poorly worded provision about pension division can create administrative problems for years. An oversight about the tax treatment of support can cost one party thousands annually.
If you’re a business owner, professional, or high-income earner in Los Angeles, working with a Certified Family Law Specialist who also holds a CPA license provides an important advantage in protecting your financial interests.
Which Type of Divorce Is Right for You? (Next Steps)
The “right” type of divorce depends on three main factors:
- Level of agreement with your spouse – Can you reach mutual agreement on custody, support, and how to divide property? Or do you have fundamental disagreements that may require court intervention?
- Financial complexity – Do you have businesses, rental properties, retirement accounts, stock options, or other assets that require careful valuation and division?
- Your goals – What matters most: speed, privacy, preserving a co-parenting relationship, or ensuring every dollar is properly accounted for?
Questions to ask yourself:
- Do we agree on custody arrangements and parenting time?
- Are we both willing to fully disclose our finances (bank statements, tax returns, retirement statements)?
- Do we own a business, professional practice, or real estate beyond our primary residence?
- Is there a significant income disparity that might require spousal support?
- Are there any concerns about domestic violence or safety?
- Do we both want to resolve this without court hearings if possible?
Avoid forcing yourself into a summary dissolution or DIY approach when you have significant assets, business interests, or complex custody concerns. The money you “save” on legal fees upfront often costs far more in mistakes down the road.
Ready to discuss your options?
If you’re considering divorce in Los Angeles County and want strategic guidance tailored to your situation, I invite you to schedule a confidential consultation at my office. We’ll review your circumstances, discuss which divorce path makes sense, and create a plan that protects your legal rights and financial interests.
Charles M. Green, APLC 3699 Wilshire Blvd, Suite 700 Los Angeles, CA 90010
Spanish-speaking services are available. Whether your case involves straightforward issues or complex financial matters, my 27+ years of experience as both a Certified Family Law Specialist and CPA can help you navigate this transition with confidence.
