How an Uncontested Divorce Works, Step by Step
2026-07-02
When you and your spouse agree on everything, divorce can be simple and affordable. Here's how an uncontested divorce works from start to final decree.
What 'uncontested' really means
An uncontested divorce is one where both spouses agree on all the terms — how to divide property and debts, whether either pays support, and (if you have children) custody, parenting time, and child support. Because there's nothing for a judge to decide, the process is far faster and cheaper than a contested case.
The steps from filing to final decree
Most uncontested divorces follow the same basic path.
1. Confirm residency and eligibility
You must meet your state's residency requirement, and both spouses must agree on the terms. If you don't yet agree, mediation or an attorney can help you get there.
2. Prepare the forms
You (or SimpleDivorce) complete the petition, a marital settlement agreement, and any child-related forms, tailored to your state and county.
3. File and serve
The paperwork is filed with the court and your spouse is formally notified — either by signing a waiver of service or by being served. The court's filing fee is separate and varies by county.
4. Wait out any statutory period, then finalize
Many states impose a waiting or 'cooling-off' period. After it passes and the court processes your file, a judge signs the final decree.
How long does it take?
It depends almost entirely on your state's waiting period and the court's processing time. Some states finalize in a few weeks; others require several months. The paperwork itself can be ready in days — the court controls the rest.
FAQ
Do both spouses have to want the divorce?
For an uncontested divorce, both must agree on the terms. If one spouse won't participate, the case can still proceed but may follow a different, sometimes contested, path.
Do I need a lawyer for an uncontested divorce?
Usually not. When you agree on everything, most people complete an uncontested divorce without a lawyer. SimpleDivorce prepares and files the documents; we're not a law firm and don't give legal advice.