Divorce rates may have been declining in recent years, but there are still more than half a million divorces every year in the U.S. An uncontested divorce is a divorce where both parties agree on everything (they reach a settlement) or one party files for divorce and the second never responds to the divorce filing nor appears in court. At least 90% of all divorces are uncontested, but many start out as contested and then the parties eventually reach an agreement. Here’s everything you need to know about uncontested divorces.
How an Uncontested Divorce Works
Uncontested divorce is the simplest and easiest way to get a divorce. However, it can be hard to predict in advance if a divorce will settle or one party will not respond, so you may not enter divorce proceedings really knowing if yours will be uncontested.
Uncontested Divorce Requirements
There are two pathways to an uncontested divorce.
The first is where the spouses agree on all the issues in the divorce, such as marital property, spousal support (formerly known as alimony), child custody and visitation, child support and the division of shared debt. The couple submits an agreement, settlement or stipulation to the court with everything they have agreed on.
The second situation is where one spouse files for divorce and asks for specific things (such as child custody or ownership of the home) and the second spouse never responds to the divorce papers and does not appear in court. The case then proceeds without them and the court decides whether the filing spouse is entitled to what they have asked for, without input from the second spouse.
Featured Partners
1
Divorce.com
$449 (and up)
Document prep, Mediation, Case management, Lawyer services
100% guaranteed court-accepted forms
2
OnlineDivorce
$159 (and up)
Ready-to-file forms, Name changes, Co-parenting support
30 days
3
3StepDivorce
$299 (and up)
Document prep, Lawyer services, Financial services
100% guaranteed court-accepted forms
4
DivorceNet
$159 (and up)
Document preparation, Free case evaluation
100% guaranteed court-accepted forms
Contested vs. Uncontested Divorce
All divorces start the same way: one partner (usually called the petitioner) files a petition for divorce with the court and the other partner (usually the respondent) is served with the complaint for divorce. This lists everything the petitioner is asking for in the divorce.
Depending on the issues involved in the marriage, the petitioner may request temporary court orders when they file, too. This way, there are some rules in place for things like child custody and visitation during the sometimes lengthy divorce process.
When the original petition for divorce is filed, a court date is set for an initial appearance. This date is usually several months after filing. Between the initial filing and the court date, couples can and should try to work out as many issues as possible.
Process for an Uncontested Divorce
If the couple can agree on every issue in the divorce, they can proceed with an uncontested divorce by completing a settlement. Though state rules vary, the couple with no disputes between them simply puts their agreement into writing (either with forms, on their own, or with help from an attorney or other professional).
Once both parties confirm to the court they agree to the terms, the judge will sign off on their terms. One brief court appearance may be necessary.
If a hearing is required, it involves the judge asking both parties some questions to make sure everyone understands the terms that they’re agreeing to.
The other process for an uncontested divorce is similar. The petitioner files the divorce papers and has them served to the respondent. The respondent then has a certain period of time (10 days to a couple of weeks) to either file a response or appear at a scheduled court appearance.
If the respondent does neither, the court evaluates what the petitioner is asking for and issues a decision. A brief hearing is usually needed.
Process for a Contested Divorce
During the time leading up to the court date, all couples should try to agree where they can. Divorces are complicated, however, and sometimes it’s impossible for both partners to agree on everything.
If, after trying to reach an agreement and possibly working with attorneys or professional mediators, the two sides can’t work everything out, then the remaining issues will have to be decided in court.
Once the two parties reach an impasse, a contested divorce proceeds a lot like other other civil trials. Both parties will gather and present evidence (including witness testimony) at a trial in support of their desired outcome.
In the end, the judge will decide how to resolve these matters and issue a binding judgment of divorce, ending the marriage.
Advantages of an Uncontested Divorce
There are two main advantages to an uncontested divorce—it saves you time and money.
If a settlement is reached, it can be filed within a few weeks and approved by the court within a month. Compare this to the months and possibly years a contested divorce may take.
Uncontested settled divorces also save you money. If you can agree on everything without either partner hiring an attorney, that’s obviously going to be less expensive than having to hire a lawyer. Even if both spouses hire an attorney, however, avoiding a trial is going to save you a significant amount.
If your spouse does not respond to your divorce filing, your process will also be fast and inexpensive. There will be no negotiation, no trial and no conflict. Your legal fees will be extremely low just for document preparation and a brief court appearance. And your divorce will be processed quickly.
Need for Attorneys in an Uncontested Divorce
Technically, you don’t need an attorney for any divorce. Unlike in criminal cases, there is no guaranteed right to an attorney for divorces or civil matters. Generally speaking, though, the more complicated the divorce is, the more beneficial an attorney can be.
It’s possible to have an uncontested divorce that includes complicated division of assets, multiple jointly-owned properties, custody and child support, spousal support and any number of other potentially-complex matters. Both parties just need to agree on all the issues.
However, you most likely will need attorneys and possibly experts (such as valuation experts or child custody evaluators) to help you reach a settlement in a complex divorce.
One other factor to consider when the parties are reaching an agreement on their divorce is that certain matters are dictated by the law rather than the parties’ agreements. Child support, for example, is usually set by a formula that parents can’t deviate from.
An attorney can advise you about these rules. When you file for divorce, you don’t know if your spouse will fail to respond, turning it into an uncontested divorce. It is usually a good idea to have an attorney prepare your forms so that you ask for everything you are entitled to so that if they do not respond, you’ve requested everything you want.
If you have a situation in which it is difficult to serve the papers to your spouse, an attorney is very helpful for applying alternate types of service your state may allow (such as affixing the papers to the door of their residence or getting approval to serve them by publishing them in a newspaper).
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Frequently Asked Questions
How long does it take to finalize an uncontested divorce?
The actual court process for an uncontested divorce is very quick, usually just a few months. If you are trying to work out a settlement however, the negotiation process can take many months or even more than a year.
How much does an uncontested divorce cost?
If you do not use an attorney, you will be responsible only for court costs and fees of about $300 (the exact amount varies by state). If you cannot afford that, you can file for indigent or poor person status and have the fees waived.
If you use an attorney you may be able to find one that offers a flat rate for an uncontested divorce, costing up to $5,000. Most attorneys bill by the hour, between $200 and $400 per hour.
Do I need a lawyer for an uncontested divorce?
You are not required to use an attorney for any type of divorce, but because divorces are complex and affect your financial future as well as your rights with regard to your children, it is often a good idea to at least consult with an attorney to understand your state’s laws and your rights.
