Uncontested Divorce Guide - What is An Uncontested Divorce?
Sep 12
6 min read
0
4
0
An uncontested divorce is a simpler way to legally end a marriage when both people have already reached an agreement on all matters at issue (e.g., dividing finances, property, and parenting responsibilities).
As there’s no ongoing disagreement, the process is usually quicker and less emotionally taxing than a contested divorce.
We’ll explain how uncontested divorce works and when it might be the right option for your situation.
Table of contents
Understanding the basics
In an uncontested divorce, the focus shifts away from legal battles and toward cooperation. While the couple has already made their main decisions, there’s still a formal process to follow. This involves completing specific paperwork, filing it with the court, and sometimes attending a short hearing.
The legal system still requires certain conditions to be met before granting a divorce. For instance, at least one spouse must meet the residency requirements of the state where the divorce is filed. Some states also have waiting periods or mandatory separation times.
Other key requirements include full disclosure of assets and debts, a signed settlement agreement, and any necessary arrangements for children. The aim is to show the court that both people understand and accept the terms and that everything has been resolved fairly. If the division of assets and debts is not “fair” or “equitable”, the court can refuse to sign the divorce order and/or even over turn an already signed order.
Uncontested vs contested divorce
The main difference between an uncontested and contested divorce lies in how much the couple agrees on. In an uncontested divorce, both parties have already reached decisions on matters like property, finances, and childcare.
This allows them to avoid drawn-out court proceedings and move through the process more efficiently.
A contested divorce, on the other hand, happens when there’s still disagreement between the couple, often requiring legal support or court involvement to reach a resolution.
In some situations, a contested divorce can become uncontested. As discussions progress, couples may find common ground through negotiation or mediation. Once both parties are on the same page, they can proceed with filing as uncontested, which usually speeds up the process and leads to a straightforward outcome.
The Splitup app can help with both contested and uncontested divorces.
The uncontested divorce process
Step-by-step filing guide
The process begins when one spouse (the petitioner) files a divorce petition or complaint with the local court. The other spouse (the respondent) is then formally served with the paperwork and signs an acknowledgment to confirm agreement with the terms.
Both parties then submit a signed settlement agreement for the court to review. In some cases, a short hearing may be scheduled to confirm that the paperwork is in order. Once the judge is satisfied that all legal requirements have been met, the divorce is formally approved, and a final decree is issued.
If the parties know they are going to proceed without contesting, the formal response may not be necessary as long as the agreement is signed within the required time frame.
Required documents and forms
Although the exact paperwork can vary by state, most uncontested divorces require a few standard forms to be completed and submitted to the court.
Typical paperwork may include:
Divorce petition or complaint
Financial disclosure forms
Signed settlement agreement
Custody and parenting plan (if children are involved)
Child support worksheet
Want help preparing these documents or understanding what each one means? Read our blog for straightforward tips and legal insights.
How long does an uncontested divorce take?
Most uncontested divorces are finalized within two to four months, though this timeline can vary. The timing depends on how quickly the paperwork is filed, the court workload, and whether your state has any required waiting periods.
Cost of an uncontested divorce
Uncontested divorces are known for being much more affordable than contested ones because they avoid lengthy disputes and court battles. The main expense usually comes from the required court filing fee, which varies by state and county.
Some couples choose to handle the paperwork themselves, while others turn to online platforms like Splitup or certified document preparers for resources and guidance about the process. These platforms can direct people toward the necessary forms and provide helpful information, but the exact steps and costs will depend on individual circumstances.
Hiring an attorney to manage the entire process generally costs between several hundred and a few thousand dollars, with exact figures also depending on the complexity of the case and the attorney’s hourly rates.
Additionally, mediation isn’t always needed in uncontested divorces, but if used, it is often an additional expense typically shared between both parties. The overall cost can vary based on how many sessions are required and the mediator’s fees.
Pros and cons of an uncontested divorce
An uncontested divorce offers several clear benefits. It’s faster, less expensive, and way less stressful than a contested case. Couples have more control over the outcome and can often avoid lengthy court appearances.
However, it’s not right for everyone. For example, if important issues are overlooked, the process can lead to unfair results. There’s also less legal oversight, which may be a concern in cases that include complicated finances or child arrangements. Furthermore, if there has been domestic violence or a very lopsided control dynamic, the victim, or person without the control can often be bullied into giving up more than they are legally required to give up.
When the circumstances are right, this option can support a cooperative and cost-effective way to finalize your divorce.
Do I need a lawyer for an uncontested divorce?
A lawyer isn’t required for an uncontested divorce. If both sides agree on the main issues, many couples choose to manage the process themselves. Additionally, a Splitup app can guide you through the required steps, including documentation.
Splitup is designed to support you whether or not you have legal representation. It keeps your progress organized and outlines what the court expects. If you decide to hire a lawyer, the app can make it easier to collaborate and ensure you stay aligned.
However, we typically recommend at least one consultation to ensure you know your rights. Countless agreements are made based on a misunderstanding of legal rights when attorneys are not involved. Examples might be pensions, retirements, stock options, legal decision making, and parenting time.
Special situations to consider
Even in an uncontested divorce, certain situations may require extra care. If you have children, both parents will need to agree on custody and child support. Courts often review these arrangements closely to make sure they’re in the child’s best interest.
Dividing assets and property can also add complexity. You’ll need to agree on how to handle shared finances, homes, debts, and other belongings.
As long as both parties are willing to communicate and compromise, these matters can still be resolved without the need to go to court.
Is an uncontested divorce right for you?
An uncontested divorce may be a good fit if you and your spouse communicate well. It’s also important that you both agree on the major issues and want to avoid lengthy court proceedings. It often works best when both sides are willing to be practical and respectful throughout the process.
If there’s ongoing conflict, a history of power imbalances, or disagreements over children or finances, a different approach might be safer. You always need to be honest about your situation and choose the option that offers the fairest outcome.
Uncontested divorce FAQs
Can an uncontested divorce become contested later?
Yes. An uncontested divorce can become contested if one spouse changes their mind or new disagreements arise before the court approves the final paperwork. Until everything is signed and submitted, terms can still be challenged.
Do I need to appear in court for an uncontested divorce?
In many cases, you won’t need to appear in court for an uncontested divorce. Some states require a short hearing, but others allow the process to be completed entirely through paperwork.
What happens if my spouse doesn’t respond after being served?
If your spouse doesn’t respond after being served, you may be able to request a default judgment. This allows the court to move forward with the divorce based on the terms you submitted.
