Divorce Requirements & Eligibility
Uncontested divorce is available in all 50 states when both spouses agree on the terms. Here is what you need to have ready before you start.
What you'll need to get started
Four things — most people already have them all.
Both spouses' information
- Full legal names, exactly as they appear on ID
- Current addresses and contact details
Marriage details
- Date of your marriage
- City and state where you were married
- Separation date, if you've separated
Your agreement on the terms
- How you'll divide property and debts
- Spousal support, if any
- Custody, parenting time & child support, if you have children
A government-issued photo ID
- A clear, legible photo or scan
- Used only to verify your identity
One more thing: residency
At least one spouse must meet the residency requirement for the state where you file — usually a minimum number of months in that state (and sometimes the county). We confirm your state's rule before filing.
We will contact you if anything is missing or unclear before we prepare your documents.
Is uncontested divorce right for you?
Uncontested is the fastest, most affordable path — here's how to tell if it fits your case.
Uncontested Divorce
Both spouses agree on all terms, including property, debts, support, and any children. This is the fastest, most affordable path, and what SimpleDivorce prepares.
Contested Divorce
Spouses disagree on one or more terms and need a court to decide, which requires litigation. SimpleDivorce does not handle contested cases, but our attorney referral service can connect you with a lawyer.
Case contested? Get a free attorney referralFree
If you and your spouse don't agree — or your case involves disputed assets, custody, or safety concerns — we'll connect you with a licensed divorce attorney in your state.
What you don't need
An uncontested divorce strips away most of what makes divorce hard. None of this is required to start.
A lawyer
When both spouses agree, you're paying attorney rates for paperwork. We prepare the same court-ready forms for one flat fee.
A courtroom visit
Most uncontested cases finalize without a hearing. If your court requires a brief one, we'll tell you exactly what to expect.
Your spouse in the same state
We can serve papers anywhere in the country — and locate your spouse if you've lost touch.
Fault or blame
Every state allows no-fault divorce. Nobody has to prove wrongdoing to end a marriage.
Divorce rules are different in every state
Residency requirements, waiting periods, and filing fees all depend on where you file. We prepare the exact forms your state's court expects.
Residency, waiting periods, filing fees, explained per state.
The documents we prepare for you
Not sure which forms your state requires? Start your case and we'll prepare the correct paperwork during review.
How It Works
Three simple steps from questionnaire to final decree. We handle all the paperwork.
Answer the Questionnaire
Tell us about your marriage, property, and agreement through our secure online questionnaire. We review the details before preparing your forms.
We Prepare Your Forms
We prepare your state-specific, court-ready divorce forms and coordinate signing and notarization where required.
File & Finalize
We file with the court, can serve your spouse, and keep you updated all the way to your final divorce decree.
Standard documents ready in 5–7 business days · Expedited & Rush available
Frequently Asked Questions
Everything people ask before starting — and what to do if your case doesn't fit.
No. You file where at least one spouse meets the residency requirement — where you were married doesn't matter. Check your state's page for the exact rule.
The information provided on this page is for general informational purposes only and does not constitute legal advice. Divorce requirements vary by state, county, and case type. For formal legal advice, consult a qualified attorney.
Start your divorce today
Answer a few questions and let us prepare, file, and finalize your uncontested divorce. Most documents are ready within days.