There’s no law saying that divorce must be a lengthy and expensive ordeal. Couples who agree to all major divorce terms—distribution of property and custody arrangements for children—can get an uncontested divorce.
But how does an uncontested divorce work? While the procedure varies by state, we’ll walk you through the general process and cover important pluses and minuses so you can decide whether you want to pursue an uncontested divorce.
Let’s Get Technical: What Is an Uncontested Divorce?
An uncontested divorce is filed when both parties agree on all major divorce terms and won’t need to go to court to resolve their issues. In addition to being cheaper than divorce litigation, an uncontested divorce can take just a few weeks.
To file for an uncontested divorce, spouses must agree to terms on all major issues either on their own or through mediation. Common issues include:
- Child custody and visitation arrangements
- Child support
- Spousal support
- Division of marital property and debt
In most states, spouses agree to these terms and detail them in writing when filing for divorce. Both spouses must also meet state (and sometimes county) residency requirements before qualifying for an uncontested divorce. Be sure to check your state’s specific requirements (anywhere from 0 to 6 months of residency for new residents) before filing!
Another instance where an uncontested divorce may be filed is called default. If your spouse doesn’t show to court or respond to divorce papers within a given timeframe, you may be able to get a divorce by default. Your spouse loses their ability to contest any of your terms, and the court reviews your filing before proceeding based on your state’s laws.
Contested vs. Uncontested divorce
As is the case with most legal matters, divorce comes in many forms. Contested divorces and uncontested divorces have specific definitions, guidelines, benefits, and drawbacks.
However, the biggest difference between contested divorces and uncontested divorces is whether both spouses can’t agree on terms (contested) or don’t need to go to court to solve their issues (uncontested).
Contested divorce
Spouses who file for contested divorce don’t agree on one or more key issues: property division, child custody/support, and so on. Because they can’t reach agreement on their own, spouses will litigate their divorce and allow the court to decide the final terms.
The general process for contested divorce includes:
- Filing divorce paperwork with the court (includes divorce complaint, petition, net worth affidavit/financial statement, etc.)
- Answering the divorce complaint or petition (if you’re the recipient of divorce papers)
- Communicating back and forth through motions
- Engaging in discovery to obtain information from your spouse
- Going to trial with witnesses
- Potentially involving an attorney for the children/law guardian
This adversarial process can drag on for months (or longer) and cost thousands of dollars in attorney fees. That’s why we recommend spouses settle as many issues as possible without court intervention.
Pluses and Minuses of Contested Divorce
Pluses:
- Court ensures decision is legally binding
- Allows spouses to plead their side of story
- Fair outcomes if spouses believe they’re entitled to more
Minuses:
- Time-consuming— divorces can take months to litigate
- Expensive—expect to pay thousands in attorney fees and court costs (not to mention lost wages from work)
- Stressful for everyone involved (including children)
- Judge has final say, which may not be favorable to either spouse
While contested divorce allows couples to air out grievances in front of a judge, it can be time-consuming, costly, and cause unnecessary stress. If at all possible, we recommend avoiding contested divorce and attempting to work out disagreements privately.
Uncontested divorce
Spouses who want to file for uncontested divorce typically go through a smoother process that cuts out many of the court procedures. Since you and your spouse already agree to divorce terms, the court typically just ensures you’ve met your state’s requirements and completed divorce terms that are in your children’s best interests (if you have any kids).
Uncontested divorces usually begin with one spouse filing a petition. The other spouse receives paperwork and helps ensure outstanding issues are resolved. From there, uncontested divorces generally include the following steps:
- Drafting and filing a settlement agreement.
- Court reviews your paperwork
- You may have a brief court hearing to answer any of the judge’s questions
- Receive final judgment / divorce papers
If you and your spouse filed a valid settlement agreement, meet your state’s residency requirements, and agree to divorce terms, the court will typically approve your divorce without any issues.
Pluses and Minuses of Uncontested Divorce
Pluses:
- Quick—in as little 4 weeks to complete
- Cheap—you only pay for filing fees and any attorney help (if you choose to hire one)
- Reduces stress and allows spouses to move forward quickly
- Allows spouses to maintain control of divorce terms
Minuses:
- Both parties must agree to divorce terms
- Some issues may be more difficult to negotiate without a court’s guidance
- May not allow you to contest terms your spouse gets
What are common questions about uncontested divorce?
How much does an uncontested divorce cost?
Uncontested divorces can cost anywhere from $80 to $3,000+, depending on if you hire an attorney or DIY divorce. Take a look at common divorce costs.
Costs
- Court’s filing fees: Varies by county/state but usually $80–$400. You may qualify for a fee waiver/reduction if you can prove financial hardship to the court.
- Attorney fees: Hiring a lawyer will cost you anywhere from $1,000 to upwards of $4,000+. Some attorneys offer flat fees for uncontested divorces, which can keep your costs low.
- Mediation: Expect to pay $3,000–$8,000 if you and your spouse retain a private mediator to work through conflicts. Typically, mediation costs are split evenly between spouses. If cost is a concern, you may be able to use your court’s mediation services for free or low-cost.
- Document/preparation assistance: DIY divorce services that help prepare your settlement can cost an additional $100–500.
As you can see, you’ll at least be required to pay a fee to your court to file your divorce papers. If you enlist the help of a mediator or attorney, you’ll likely spend around $1,000–$3,000+
Should I get an uncontested divorce?
Like we mentioned before, uncontested divorce is a great option for many, but not all, divorcing spouses. If any of the following “don’ts” apply to you, you may want to consider contested divorce.
You and your spouse can’t agree on divorce terms. You suspect your spouse is hiding assets and can’t agree on divorce terms. If you have children, you can’t agree on a custody arrangement.
You and your spouse want to drag things out. An uncontested divorce takes less time and effort from everyone involved. If you’re looking to prolong the divorce process, an uncontested divorce won’t be for you.
You and your spouse want to spend every penny you have. Similar to above, if the combined value of your assets doesn’t outweigh the costs of divorce, you’re probably better off not getting a divorce.
You don’t ever want to see your spouse again. Even if you two hate each other, you’ll need to cooperate to reach an agreement. If you don’t want to work with your spouse, you may wish to contest the divorce.
You and your spouse want to divorce amicably. If you’re looking to keep the divorce civil and avoid any unnecessary aggression, you should consider an uncontested divorce.
When in doubt, uncontested divorce is typically in your best interest. However, if you ever feel like you’re being bullied or cheated during the divorce process, consult with a lawyer. They can ensure you receive everything you’re entitled to and know your rights as a divorcing spouse.
How to File an Uncontested Divorce
Ready to file for divorce? Uncontested divorces can be completed in a few different ways. For instance, you and your spouse can each hire your own attorney, mediate through a third-party, or prepare documents on your own. Just make sure you meet any state residency requirements and mandatory waiting periods beforehand.
Contested divorces may vary slightly depending on your state’s process. For example, some states require spouses to live separate and apart for a certain period before filing for divorce. However, most uncontested divorces require these five basic steps:
- You and your spouse agree on divorce terms
- One spouse will file the divorce petition and the other spouse is served
- The responding spouse confirms agreement with the divorce terms
- Both spouses prepare and file a settlement agreement.
- Wait for court review and judgment
- Let’s break down each step.
- Both spouses agree to terms
Trust us, it’s better to talk to your spouse BEFORE you file for divorce. Both parties must agree to all major issues involved with divorce. We recommend sitting down together and discussing points such as:
- Property division
- Child custody arrangements
- Who pays child support (and how much?)
- Whether one spouse pays support to the other
- Any debts that need to be split
One last thing to keep in mind: If you don’t fully agree on divorce terms, the divorce can later become contested. Make sure you’re on the same page with your spouse before agreeing to any terms.
File, Serve, and Confirm Divorce Agreement
As mentioned earlier, one spouse will file for divorce with their local court. Once paperwork is filed, that spouse’s partner must be served with divorce papers. You may have the option to file with the sheriff, a process server, or use certified mail to serve divorce papers.
- Confirm that your spouse plans to agree to the divorce terms.
- Draft and file the settlement agreement
- Get documentation for the divorce!
- Prepare your divorce documents
Now that you both agreed to divorce terms and have been properly served, it’s time to draft your settlement agreement. This document includes every term discussed in step 1 and may include additional forms required by your state. Common divorce forms include financial affidavits, information sheets for minor children, and a statement of grounds for divorce.
File with the Court and Await Judgment
Your settlement agreement will be sent to your local court for review. If everything looks good, you may have a brief court hearing to ensure you understand your divorce terms. From there, you’ll receive a judgment of divorce by the court!
How an Attorney Can Help you with your uncontested divorce
The DIY method of divorce is possible but not always recommended. An attorney can provide many benefits you may not have realized. Here’s how an attorney can make your life easier.
Draft and review legal documents
Divorce paperwork varies from state-to-state, and even county-to-county sometimes. Attorneys can help you prepare your documents so you don’t inadvertently mess something up.
Know your state laws
Laws vary significantly based on where you live. Attorneys know the laws specific to your state and county.
Protect your rights
It’s our job to protect your rights as a divorcing spouse. We know how to spot issues in your divorce and alert you when something doesn’t look right.
Help you avoid mistakes
Need we say more? Divorce is complicated and mistakes happen. When you hire a lawyer, you ensure all documents are prepared correctly and remove the chances of costly errors.
What is the difference between uncontested divorce vs. no-fault divorce?
A no-fault divorce means one spouse doesn’t blame the other for breaking the marriage. Both spouses can agree on this fact and obtain a “no fault” divorce.
Uncontested divorce is defined by spouses agreeing to all divorce terms. A divorce can be both no-fault and uncontested.
What is the fastest divorce I can get?
If your spouse agrees to the divorce and you meet your state’s residency requirement, you can get an uncontested divorce in as little as 4 weeks. It all depends on your state’s and county’s procedures.
Do I have to go to court for an uncontested divorce?
In uncontested divorces, spouses can often avoid going to court. However, some states require you to appear in court so a judge can review your settlement agreement. Make sure you check with your local courts.
Can I file for an uncontested divorce without a lawyer?
Yes, but you should probably speak to a lawyer first. Divorce can be tricky and confusing, so it’s important to have someone in your corner ensuring your rights are protected.
