FAQs

  • Uncontested Divorce FAQs

What is an uncontested divorce?
An uncontested divorce is when both spouses agree on all major issues, including division of property, child custody, child support, and spousal support. Because there are no disputes to resolve in court, the process is typically faster, simpler, and less expensive than a contested divorce.
While it’s not legally required, having a lawyer can ensure your rights are protected and that all paperwork is completed accurately. A lawyer can also help draft and file the necessary documents, which reduces delays and errors.
The timeline varies by state, but many uncontested divorces can be finalized within 30 to 90 days after filing, assuming all documents are in order and the court’s schedule allows.
Yes. Because there are no court battles or prolonged legal disputes, uncontested divorces generally involve lower legal fees and fewer court costs, making them a more affordable option for many couples.
Common documents include a divorce petition, settlement agreement, financial affidavits, and, if children are involved, parenting plans and child support worksheets. Your attorney can guide you through what’s required in your state.
Yes. As long as both parties agree on custody, visitation, and child support arrangements, a divorce with children can still be uncontested. The court will review these agreements to ensure they’re in the best interest of the children.
If even one issue remains unresolved, your divorce may be considered contested. However, many couples work with attorneys or mediators to resolve disagreements and move forward with an uncontested filing.
In some jurisdictions, only one spouse may need to attend a brief hearing, while others may waive the hearing entirely if all documents are properly filed. Local rules will determine the requirements in your area.
No. An attorney can only represent one party, even in an uncontested divorce. However, one spouse can hire a lawyer to prepare the documents, and the other spouse can choose to review and sign them independently.
Uncontested divorces are usually faster, less stressful, more private, and more cost-effective than contested divorces. They also allow couples to maintain more control over the outcome instead of leaving decisions to a judge.
The process typically begins with one spouse (the petitioner) filing a divorce petition with the court. Next, the other spouse (the respondent) is served or voluntarily signs a waiver of service. Both spouses then work together—often with the help of a lawyer—to draft and sign a settlement agreement that outlines property division, custody, and support terms. Once all documents are filed, a brief court review or hearing may be scheduled, after which the judge will sign the final divorce decree.
The settlement agreement outlines how you and your spouse will divide assets, debts, and responsibilities. It can also include terms for spousal support, custody, and visitation if applicable. Many couples use a lawyer to draft the agreement to ensure it’s legally sound and complies with state laws. Once both parties review and sign it, the agreement is submitted to the court for approval.
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