An uncontested divorce is a divorce in which both spouses agree on every major issue, including how to divide property and debts, spousal support, and, if they have children, custody and child support. Because there is nothing for a judge to decide, an uncontested divorce is usually faster, cheaper and less stressful than a contested one. However, you still have to meet your state’s residency rules, file the right forms, and wait out any mandatory waiting period. This guide explains how an uncontested divorce works, who qualifies, what it costs, and how the rules differ by state.
Uncontested divorce: quick facts
| Topic | Details |
|---|---|
| What it means | Both spouses agree on all terms of the divorce |
| Issues you must settle | Property and debt division, spousal support, child custody, parenting time and child support |
| Typical court filing fee | Roughly $100 to $450, depending on the state and county |
| Lawyer required? | No, though many couples have a lawyer review the agreement |
| Usual timeline | A few weeks to a few months after any waiting period |
| Waiting period examples | California: 6 months; Texas: 60 days; New York: none |
| Court hearing | Often short or not required at all, depending on the state |
What is an uncontested divorce?
In a contested divorce, the spouses disagree on at least one issue, so a judge must decide it after discovery, hearings and sometimes a trial. In contrast, an uncontested divorce starts with a complete agreement. The court’s job is mainly to review the paperwork, confirm that the agreement is fair and follows state law, and sign the final judgment.
You may also hear this called a “no contest” divorce. Our guide to what a no contest divorce means explains how agreed and default divorces differ and how the phrase compares with no-fault divorce.
A divorce can also become uncontested along the way. For example, spouses who start out disagreeing may reach a full settlement through negotiation or mediation, and the case then moves forward as uncontested.
Who qualifies for an uncontested divorce?
- Full agreement: Both spouses must agree on every issue, not just most of them.
- Residency: At least one spouse must meet the state’s residency rule, which ranges from no minimum in a few states to six months or more in many others.
- Grounds: Every state now allows a no-fault divorce, so you usually only need to state that the marriage has broken down.
- Cooperation: Both spouses must sign the agreement and, in most states, the other spouse must be served or sign a waiver of service.
If your spouse cannot be found or simply does not respond, you may still get a divorce, but it usually proceeds as a “default” divorce rather than an agreed one.
How to get an uncontested divorce: step by step
- Reach an agreement. Settle property, debts, support and, if you have children, custody and child support. A mediator can help if you get stuck.
- Put it in writing. Write a marital settlement agreement and, if you have children, a parenting plan.
- Prepare the court forms. Most state court websites offer free divorce forms and instructions.
- File the petition. File with the family or domestic relations court in the county where you or your spouse live, and pay the filing fee.
- Handle service. Serve your spouse or have them sign an acceptance or waiver of service.
- Exchange financial disclosures. Many states require both spouses to share income, asset and debt information, even when they agree.
- Wait out the waiting period. Then submit the final paperwork. Some states require a short hearing; others decide on the papers alone.
- Get the final judgment. Once the judge signs, the divorce is final. Keep certified copies for name changes, property transfers and benefits.
How much does an uncontested divorce cost?
The main fixed cost is the court filing fee, which usually falls between about $100 and $450. If you cannot afford it, most courts allow a fee waiver; in some states this is done with an affidavit of indigency. Beyond that, costs depend on how much help you use. Couples who complete the forms themselves may spend little more than the filing fee. On the other hand, a lawyer’s flat fee for an uncontested case often runs from several hundred to a few thousand dollars, and mediation adds its own cost.
Uncontested divorce waiting periods by state
Many states impose a “cooling-off” period before a divorce can become final, even when both spouses agree. For example:
| State | Waiting period |
|---|---|
| California | 6 months from service of the petition or the respondent’s appearance |
| Texas | 60 days from the date the petition is filed |
| Florida | About 20 days from filing |
| Washington | 90 days from filing and service |
| Arizona | 60 days from service |
| New York | No mandatory waiting period |
Under California Family Code § 2339, a judgment of dissolution cannot become final until six months after service or appearance. Similarly, Texas Family Code chapter 6 bars a court from granting a divorce until 60 days after the petition is filed, with limited exceptions involving family violence. Rules change, so check your state’s current statute or court website.
Simplified divorce options in some states
Some states offer an even simpler process for couples with short marriages and few assets. For instance, California’s summary dissolution is available to couples married five years or less who have no children and limited property and debt. Likewise, Florida offers a simplified dissolution of marriage for couples with no minor children who agree on property division and give up alimony. These options usually involve fewer forms and no hearing.
Do you need a lawyer for an uncontested divorce?
No state requires a lawyer for an uncontested divorce. Still, it is wise to have a lawyer review the agreement if you own a home or business, have retirement accounts or pensions to divide, have children, or feel pressured by your spouse. A mistake in a settlement agreement can be hard to fix after the judgment is final. In addition, one lawyer cannot usually represent both spouses, so each spouse may want separate advice.
Couples who never had a wedding may still need a divorce. Learn how common law marriage works and which states recognize it.
Conclusion: is an uncontested divorce right for you?
An uncontested divorce works best when both spouses can agree on every issue and are willing to share financial information honestly. It usually costs far less and moves faster than a contested divorce, but you still must meet residency rules, file the correct forms, and wait out any mandatory waiting period in your state.
If you have significant assets, children, or any doubts about the agreement, talk to a licensed family law attorney in your state before signing. More plain-English guides are in our Legal Guides section.
Frequently asked questions
How long does an uncontested divorce take?
Usually a few weeks to a few months, depending on the state’s waiting period and how quickly the court processes the paperwork. In California, for example, the earliest a divorce can be final is six months after service.
How much does an uncontested divorce cost?
Court filing fees typically run about $100 to $450. Total costs rise if you hire a lawyer or mediator, and fee waivers are available for people who cannot afford the filing fee.
Can I get an uncontested divorce without my spouse’s signature?
Not as an agreed divorce. If your spouse will not sign or respond, the case usually proceeds as a default divorce instead.
Do we have to go to court for an uncontested divorce?
It depends on the state and county. Some courts require a short final hearing, while others approve the divorce based on the paperwork alone.
Can an uncontested divorce become contested?
Yes. If the spouses stop agreeing before the judgment is final, the case can become contested and a judge will decide the open issues.
Sources
- California Family Code § 2339 (six-month waiting period)
- Texas Family Code § 6.702 (60-day waiting period)
- California Courts Self-Help Guide: summary dissolution
- Florida Courts: simplified dissolution of marriage
- LegalZoom: How to get an uncontested divorce (costs and steps)