Uncontested Divorce: Ending A Marriage Amicably (2025)

What Is an Uncontested Divorce?

Divorce is a legal process for settling the legal and financial matters of a marriage before dissolving it. After a divorce, a couple’s property is separated, and they have independent finances. Only their obligations to their children and any alimony orders tie the ex-spouses to each other.

To accomplish these goals, a divorce must resolve the following key issues:

• Child custody
• Child support
• Property division
• Alimony

In most situations, the spouses differ on how these issues will be resolved. A contested divorce means that the spouses disagree on at least one of these matters and require a judge to resolve the disagreement.

An uncontested divorce means the spouses agree on divorce terms and do not require a trial. While uncontested divorces are often characterized as low-stress and amicable, you do not need to be on good terms with your spouse to have an uncontested divorce. Moreover, you do not need to surrender your rights to reach a settlement agreement.

Instead, uncontested divorces occur when the parties compromise. The spouses might consider the following reasons for uncontested divorce:

• Avoiding prolonging the divorce process
• Minimizing their legal fees
• Reducing conflict in front of children

Although uncontested divorces are often less expensive, the cost savings depend on the compromise process. For example, you may incur substantial legal bills during intensive settlement negotiations. Similarly, you may opt for alternative dispute resolution processes like arbitration or mediation, which can incur legal fees and fees for the arbitrator or mediator.

The end goal is a settlement agreement that resolves all the issues between the spouses. The settlement agreement can then be filed with the court to end the marriage on these agreed-upon terms.

How to File an Uncontested Divorce

In most states, you prepare the same divorce papers for uncontested and contested divorces. These papers typically include the following:

• Divorce petition
• Summons
• Proof of service

The divorce petition details information about the couple and their marriage. In some states, you will include a copy of your marriage certificate to prove your eligibility for divorce. You may also describe the reasons for divorce, although you are not required to include these in no-fault filings. You will usually file these papers with the court clerk.

Normally, the next step for how to get a divorce is to serve the divorce papers on your spouse. However, in some states, you can avoid this step in an uncontested case by having your spouse sign the divorce papers before filing them.

After filing the papers, you and your spouse can negotiate and draft a settlement agreement. You may do this with or without legal representation, depending on your situation. Once your settlement agreement is written, you file it with the court.

While an uncontested divorce is often quicker than a contested divorce, it is not necessarily a “quick divorce.” The court will generally hold the case for your state’s mandatory waiting period. This period is often several months long. Additionally, your case may get added to a court docket that could include hundreds of pending divorces.

Moreover, you will need to go to court even when you file an uncontested divorce. Once the court takes up your divorce, the clerk will likely set a hearing. You and your spouse must attend this hearing.

Typically, the judge will raise any questions about the settlement during the hearing. They will also make sure both spouses understand that a settlement means there will be no trial, and the judge’s divorce decree will make the agreement final.

Lastly, the judge will make sure the agreement protects the rights of the couple’s children. Although the agreement can include custody and child support terms, the court must make sure they protect the best interests of the children.

Do I Need a Lawyer for an Uncontested Divorce?

You may need a lawyer even though you plan to file an uncontested divorce. You should consider speaking to one for several reasons, including the following:

• A lawyer can review the terms to make sure they are fair
• The lawyer can provide advice about steps to take to prepare for the divorce process
• Attorneys have experience writing effective settlement agreements
• An attorney can write the agreement to protect the rights of your children

The conflict of interest rules limit situations in which the spouses can share a lawyer. Thus, each spouse will probably need a separate lawyer.

Learn More About Divorce Proceedings From ConsumerShield

An uncontested divorce can be surprisingly complex. ConsumerShield is dedicated to helping people understand and protect their rights in any type of divorce. Contact us for a free case evaluation and a lawyer referral today.