Uncontested Divorce

What is an Uncontested Divorce?

An uncontested divorce is a divorce that has been resolved by agreement. There are several issues that must be resolved in a divorce such as asset division, child custody, alimony, and more. If there is agreement on all of these issues, then you can proceed with getting divorced relatively quickly, without a court intervening to resolve disputes. Understanding what an uncontested divorce entails, and the steps involved, can help you know what to expect.

Agreements to be Made


Spouses need to discuss the divorce to be certain that they have an uncontested divorce. If there has been no discussion, and no agreement, then the only certainty is that the divorce is contested.


1. What property will be divided

Spouses must disclose their assets to each other or agree that they have sufficient knowledge about the assets their spouse has. Spouses then must agree on which of those assets will be divided between them. Property that may be divided includes the family home, cash in the form of alimony payments, retirement/pensions, business interests, and investment accounts. Sometimes spouses decide that certain property will be kept by just one of them.

2. The Values of Property

It is important for spouses to come to agreement on the values of all property. This might require that appraisals be conducted. Without appraisals or valuations, spouses won't know how much each of them receives. 

3. Custody of Children

Who has primary custody and what parenting time (visitation) each parent will have, is often one of the most contentious parts of a divorce to be decided. They also have to work out how major decisions (education, health, religion, activities) will be made between. For successful co-parenting, spouses should work out an agreement that satisfies both parents and benefits the interests of the children.

3. Child Support

Child support is also a matter of importance and concern for the parent who will be obligated to pay the parent who has primary custody. Spouses should share income information, discuss the child’s needs, and use child support calculators to determine what is fair and reasonable.

4. Alimony (Spousal Support)

If one spouse believes they are entitled to support due to a significant disparity in income or earning capacity, the spouses must come to agreement on a fair and reasonable amount.

The Process for Uncontested Divorces


An uncontested divorce can be quick and easy -- even streamlined and very affordable. This depends on how long it takes for you and your spouse to agree on all the terms of the divorce.


1. The Marital Settlement Agreement

A marital settlement agreement is ideally prepared by an attorney or legally-trained mediator who is experienced in preparing them to ensure it is legally enforceable. Without a well-prepared settlement agreement, parties risk losing out on rights and entitlements or setting themselves up for unintended consequences. Once, reviewed and approved, the settlement agreement gets signed by both spouses.

2. Negotiations

Prior to a marital settlement agreement being approved and signed, the parties might need to negotiate. This is best done with the help of attorneys or trained mediators. Not until all matters have been resolved, do you actually have an uncontested divorce. If there is even one issue that has not been resolved, you do not have an uncontested divorce.

2. The Divorce Complaint

One spouse, or their attorney, must prepare a divorce complaint. The divorce complaint will establish that the parties are eligible for getting divorced, according to the law, and that the divorce was resolved by agreement. There may be other documents filed as well, such as child support worksheets.

3. The Uncontested Answer

The spouse who did not prepare the divorce complaint must prepare an uncontested answer based on the uncontested divorce complaint. The uncontested answer establishes for the court that the responding spouse agrees that the divorce is uncontested.

4. Filing

All documents get filed with the court. If the spouses agreed on how to resolve all matters prior to filing, then they will file all the documents at one time. If one spouse filed for divorce, then the parties negotiated the terms of the divorce, then the uncontested answer will be filed after he or she is served.

5. Uncontested Divorce Hearing

A short uncontested divorce hearing will be held by the court. Generally, both spouses must attend and answer simple questions that establish that they are eligible to have the divorce granted. 


Even an uncontested divorce can be challenging to navigate to ensure the process is as smooth as possible. Contact us for help.


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