In California, divorce is the legal process known as dissolution of marriage or domestic partnership. There aren’t different legal types of divorce cases under California law, just different ways a single dissolution case can move forward, and those different ways sometimes get described as types of divorces.
Terms like uncontested, contested, default, summary, or collaborative don’t refer to different types of cases. They describe how a dissolution is handled — whether you and your spouse agree, how you resolve disputes, and how much court involvement is needed.
You don’t go into marriage thinking about how it might end. But when divorce becomes real, one of the first questions people ask is: What kind of divorce should I file for?
You will hear terms like uncontested, collaborative, and even military divorce. They sound official. But in California, these are not different types of divorces. They’re labels describing how your divorce unfolds.
Let’s break them down.
Types of Divorce in California
In California, divorce is legally called a dissolution of marriage (or of domestic partnership, if applicable). Everything else people often refer to as a “type” of divorce simply describes how that divorce case moves forward, not a different kind of legal case.
Terms like contested, uncontested, default, mediated, or collaborative are not separate legal types of divorce. They either describe the posture (whether you and your spouse agree or not) or the process (how you work through the case) within a standard divorce filing.
There’s also a simplified way to get divorced in California called summary dissolution.
What is a Summary Dissolution?
Summary dissolution is a simplified procedure that the court offers for certain couples who qualify. It still results in a standard dissolution of marriage or domestic partnership.
It’s designed for short marriages with no children, limited assets and debts, and full agreement on everything. If you don’t meet all of the requirements, the case has to proceed as a standard dissolution.
Another “we agree” option people might confuse as a type. Starting January 1, 2026, if you and your spouse or partner agree on all issues but do not qualify for summary dissolution, California now allows you to start a divorce or legal separation together using a joint petition.
You cannot ask for temporary orders through this process, and you still have to complete the remaining steps to reach a final judgment.
Contested, Uncontested, and Default Divorces
Once a divorce is filed, the court looks at whether you and your spouse agree on the major issues, like property, custody, or support.
Contested, uncontested, or default divorces describe how cooperative or unresolved the case is once it’s filed. Again, they are not types. They shape the court’s role in resolving your case.
Uncontested Divorce
Both spouses agree on everything: property division, support, custody, and debts. You submit your agreement and required paperwork, and if everything is done correctly, the court can enter judgment.
Contested Divorce
You and your spouse don’t agree on one or more key issues. That doesn’t mean a trial is guaranteed, but it does mean the court may need to step in with hearings, deadlines, or temporary orders while those issues remain unresolved.
Even with disagreement, most contested divorces still reach an agreement before trial. A trial happens only if you can’t settle and need a judge to make final decisions for you. The ‘contested’ label means your case can’t be finished right now by paperwork and agreement alone, because one or more issues are still disputed.
Default Divorce
One spouse files for divorce and serves the papers. If the other spouse doesn’t respond within 30 days, the filing spouse can ask the court to enter a default.
In a default divorce, the court treats the case as unopposed because the other spouse hasn’t responded.
Because no response is filed, the case proceeds as a default, meaning the court can enter judgment without the other spouse’s participation.
But it doesn’t mean automatic approval of everything the filing spouse asked for. The court still reviews the case carefully and requires full legal compliance before entering a judgment.
Mediated, Collaborative, and Litigated Divorce: How the Process Works
Once your divorce is filed, how you resolve the issues becomes your process, whether that means negotiating, using outside help, or letting the court decide.
The process you choose, or fall into, affects how you move through the case, how decisions are made, and how much control you keep along the way.
Direct Negotiation
Each party, with or without lawyers, works out terms together. It’s often how uncontested cases get finalized, especially when both parties are motivated to stay out of court.
Mediation
A neutral third party helps you resolve disputes. The mediator doesn’t make decisions, but guides discussion so you can agree on issues like property, custody, or support. If you reach an agreement, it’s written up, signed, and submitted to the court for approval.
Collaborative Divorce
A structured, out-of-court process where both spouses commit to resolving their divorce without litigation. Each spouse hires a collaborative divorce attorney, and everyone signs a participation agreement promising to work toward a settlement without going to court.
Litigation
When you and your spouse can’t reach an agreement, or certain issues remain unresolved, the court steps in to help move the case forward. This is litigation.
Special Situations That Shape Strategy
Certain divorce contexts require extra care and expertise. These are not different types, but they influence how the case is handled.
- High-net-worth divorce: When you’re dividing complex assets, real estate, private equity, restricted stock, and intellectual property, you need experienced counsel.
- Military divorce: Special federal rules apply, including protections under the Servicemembers Civil Relief Act (SCRA), pension division under USFSPA, and complex residency rules for filing.
- Grey divorce: Spouses over 50 face retirement division, Social Security considerations, and long-term spousal support. The timing of your divorce could affect your financial security for decades.
- Bifurcation: You can ask the court to terminate marital status first, while other issues (like property) continue. This is often used when someone wants the legal status part resolved, but the rest is not ready to close.
If one of these situations fits, do not get stuck on labels like mediation or litigation. Start by identifying what will drive your case (information and disclosure, valuation, parenting issues, support, and timing). Then choose the approach that matches those realities, including whether you need court involvement early.
Looking for a Divorce Attorney in Los Angeles?
Most people start with the same question: What do I do first?
If you are considering divorce in Los Angeles, we can help you understand the options you have in your situation, what steps come first, and how to avoid mistakes that are hard to undo.
Our Los Angeles divorce attorneys handle everything from high-conflict cases to quiet agreements.
Schedule a confidential case evaluation when you’re ready to talk.
