Uncontested Divorce: A Legal Guide

Are you pursuing an “uncontested divorce” but not quite sure what it entails? This process is the simplest kind of divorce because it relies on a mutual agreement between the spouses to settle the main terms of the divorce. Here, we will discuss what an uncontested divorce is, how to qualify for one, how to complete the process, how long it takes and how much it costs.

In an uncontested divorce, the spouses reach a conclusive agreement about the following issues:

• The amount and duration of spousal support (alimony)
• The division of all assets and debts
• The amount and duration of child support
• The custody of any minor children

Once you have agreed to these terms, you must file a “separation agreement,” which details and memorializes your mutual understanding of these terms. This agreement will then be filed and approved by a judge. When the required waiting time period ends, the divorce will be final.

If you and your spouse are having a hard time coming to a mutual agreement about the terms of your divorce, consider including a mediator in the discussions. They will help facilitate the separation agreement by ensuring that each of your issues is resolved through mutual understanding. You can also ask for the help of an attorney to better represent your interests in the case.

In contrast, a “contested divorce” is one in which a judge’s intervention is required because the spouses can’t agree on one of the above-referenced terms of divorce. A contested divorce is substantially more expensive than an uncontested one because the spouses typically must hire attorneys to advocate for their best interests.

There are typically three qualifications for a divorce that is not contested:

• A residency requirement that establishes that you are legally considered to be living in a state
• An understanding that the marriage is “irretrievably broken”
• A mutual agreement about the terms of the divorce

Residency Requirement

Each state has its own specific residency requirement to determine whether you are deemed a legal resident there. This residency requirement may differ based on certain factors such as whether you were married there or if the “at-fault” occurrence happened in the state.

Agreement That the Marriage Is ‘Irretrievably Broken’

In order to obtain an uncontested divorce, each spouse must agree that the marriage is irretrievably broken. Specifically, the spouses must mutually conclude that their relationship is broken and beyond repair. Some states are “no-fault divorce” states, which means the spouses don’t have to place blame on each other to prove their claim of divorce. Other states allow for “at-fault divorce” where claims of adultery, abandonment, or other fault are considered.

Agreement About the Terms of Divorce

Most critically, the spouses must come to an agreement about the most important terms of the divorce. These include those referenced above such as custody, alimony, child support and division of property. This way, you won’t need to argue your claims in court before a judge. In arriving at a settlement agreement beforehand, you’ll save yourselves considerable time, money and heartache in the process.

The process for a divorce, when uncontested, is fairly straightforward in most states. As the “petitioner” you must first serve divorce papers upon your spouse (“the respondent”) by a third party. Next, you must jointly file papers with the court regarding minor children (if applicable) or substantial assets.

There is also a waiting period of a number of months depending on the state to ensure that your decision is firm and decided. If you do have minor children, the state usually requires that you complete a parenting course as well.

While there are similarities from one state to the next, it’s always important to get a detailed understanding of the laws and procedures in your jurisdiction before you get started. Here are some additional resources on getting an uncontested divorce in various states:

• Getting an Uncontested Divorce in New Jersey: A Checklist: This checklist will walk you through the process of getting an uncontested divorce in the Garden State.
• Tips for Getting an Uncontested Divorce in Texas: Some helpful tips before you embark on an uncontested divorce in the Lone Star State.
• Uncontested Divorce in Georgia: A Legal Guide: If you’re seeking an uncontested divorce in Georgia, this legal guide will help you get started.
• Uncontested Divorce in Virginia: A Legal Guide: A legal guide to getting an uncontested divorce in Virginia.
• Getting an Uncontested Divorce in Missouri: 5 Tips: Five tips to keep in mind before getting an uncontested divorce in the Show Me State.
• Uncontested Divorce in Florida: What to know before ending your marriage with an uncontested divorce in Florida.
• How to Get an Uncontested Divorce in New York: Rules and procedures for uncontested divorce in the Empire State.
• How to Get an Uncontested Divorce: California Checklist: A checklist to help keep you on track for an uncontested California divorce.

If you are planning on getting an uncontested divorce, consider facilitating the DIY process with an online divorce. This is a service that completes your paperwork for you. It provides a fairly quick turnaround compared to an attorney’s timeframe and costs just a fraction of the price.

This depends in large part on the mandatory waiting period, which can vary between one and six months to complete. After this waiting period, the judge will finalize the divorce decree.

It usually costs between $200-$400 depending on the state in which you are filing your divorce. If you are unable to pay for these court fees, you can petition to have the fees waived. Depending on if you are having a DIY divorce, having an online divorce service, or if you are hiring an attorney, those fees can vary as well.

Legal Disclaimer: This article contains general legal information but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.

Are you thinking of using an online service to file for divorce? See how the top online divorce companies compare in price, quality and service offerings. As always, we encourage you to do your own independent research to determine which provider is best for your needs.