Uncontested divorce: how it works

What you must agree on, the simpler processes, how long it takes and the steps.

An uncontested divorce is one where you and your spouse agree on everything: that the marriage is over, how to divide what you own and owe, whether either of you pays support and, if you have children, custody, the schedule and child support. It is usually the fastest and cheapest way to divorce, and many people do it without a lawyer. This guide explains how it works, with the rules from our 48 state guides.

What you have to agree on

  • Property and debts: the home, cars, bank and retirement accounts, credit cards and loans.
  • Spousal support (alimony): whether one of you pays the other, how much and for how long.
  • Children: where they live, the parenting schedule, decision-making and child support, which must follow your state's guidelines.
  • Names: whether either of you goes back to a former name.

Write the agreement down. Most states have an official form for it, sometimes called a settlement agreement, a marital settlement agreement or a stipulation. The judge reviews it, especially the parts about children.

How property is divided

Even when you agree, the rules in your state shape what is fair. 9 of our state guides are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. The other 39 divide property by equitable distribution, which means fairly but not always equally. The community property states page explains both systems.

Simpler processes for agreed cases

Many states have a short process for couples who agree, with fewer forms and sometimes no hearing. Some are limited to short marriages without children, real estate or large debts. Examples from our guides:

  • Illinois: Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance.
  • Minnesota: Summary dissolution: married fewer than 8 years, no children together and no pregnancy, no real estate, debts of $8,000 or less (not counting car loans), marital assets of $25,000 or less, nonmarital assets of $25,000 or less each, and no domestic abuse.
  • Nevada: Yes, the summary proceeding by joint petition: both spouses sign under oath, one meets the 6-week residency, you have lived apart 1 year or are incompatible, and you have written agreements on children, property, debts and spousal support (or waive support).

If you don't qualify for the short process, you can still have an uncontested divorce through the regular forms: one spouse files, the other signs an acceptance of service or an agreed response, and you file your signed agreement. 25 of our state guides describe how a spouse can accept or waive formal service, including Arizona, California, Colorado, District of Columbia, Idaho and Iowa.

How long it takes

Agreeing doesn't skip the waiting period. Where the rule is a fixed time from filing or service, our guides show:

12 of our guides set no fixed waiting period after filing. In 15 others the time depends on living apart, on children or on the type of case; their pages quote the rule. Use the timeline estimator to turn your filing date into the earliest date the waiting period allows.

Mediation if you are close to agreeing

A mediator is a neutral person who helps you and your spouse settle the issues you still disagree about. Mediation can turn a contested case into an uncontested one. Some courts require it before a hearing, especially for custody. For example:

  • California: If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides.
  • Texas: Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order.

Don't sign an agreement you don't understand or that you were pressured into. If your spouse is abusive, mediation may not be safe; tell the court. The National Domestic Violence Hotline is free and confidential, 24/7: 1-800-799-7233.

Step by step

  1. Check your state's residency rule and waiting period on its page.
  2. Agree on property, debts, support and children, and write it down on your state's form.
  3. File the petition (or a joint petition where your state allows it) with the fee or a fee waiver request.
  4. Have your spouse accept service or be served, and file the proof.
  5. File your agreement and financial forms, wait out the waiting period and get the final decree. The divorce checklist lists what to gather.