If you and your spouse agree on the major issues — property, debts, and (if applicable) child-related matters — an uncontested divorce is the simplest, fastest, and most affordable way to end your marriage. But even a simple divorce has steps, paperwork, and timelines you need to understand.
This guide walks you through the entire uncontested divorce process in clear, friendly language so you know exactly what to expect from beginning to end.
What Is an Uncontested Divorce?
An uncontested divorce is a divorce where both spouses agree on:
- Dividing property
- Dividing debts
- Child custody and visitation (if applicable)
- Child support
- Spousal support (if any)
- Who will file
- What the final decree will say
Because there’s no fighting, no hearings, and no trial, uncontested divorce is:
- Faster
- Cheaper
- Less stressful
- More private
- Easier to complete without a lawyer
It’s the preferred option for couples who want a peaceful, cooperative process.
Step 1: Make Sure Your Divorce Is Truly Uncontested
Before you begin, confirm that you and your spouse agree on:
Property
- Who keeps the house
- Who keeps the cars
- How to divide bank accounts
- How to divide retirement accounts
- How to handle debts
- Whether equalization or offsets are needed
Children (if applicable)
- Custody (joint managing conservatorship is common)
- Visitation (Standard Possession Order or custom schedule)
- Child support
- Medical support
Other Issues
- Spousal support
- Name change
- Who will file the petition
If you disagree on even one issue, you may still do an uncontested divorce — you just need to resolve that issue before filing.
Step 2: Prepare Your Divorce Forms
Several states have designated forms for uncontested divorce, others require a petition or pleadings that conform to what their law requires. As a general matter, most uncontested divorces require:
- Petition for Divorce
- Waiver of Service or Acceptance of Service
- Final Divorce Decree
- Property Division Worksheet
- Child-related forms (if applicable)
- Income and expense statements (in some states)
If you’re doing a DIY divorce, make sure you use the correct forms or that your pleadings has the complete and correct information required for your:
- Your state
- Your county
- Whether you have children
- Whether you have property
Using the wrong forms or filing with incorrect or incomplete information is one of the most common reasons divorces get delayed. One way to minimize this risk is to use online DIY platforms like www.OnYourTermsDivorce.comthat guarantee accurate and complete divorce pleadings.
Step 3: File Your Petition for Divorce
The spouse who files is called the Petitioner. The other spouse is the Respondent.
To file:
- Take your completed Petition to the district clerk in your county. Several jurisdictions now have the option of filing electronically—however you will need to set up an account with the electronic service provider in order to take advantage of this convenience.
- Pay the filing fee (usually $250–$400).
- Get your case number and stamped copies.
Once filed, your divorce officially begins.
Step 4: Notify Your Spouse (Service or Waiver)
Even in an uncontested divorce, your spouse must be formally notified.
You have two options:
Option 1: Waiver of Service
Your spouse signs a form acknowledging they received the petition. This is the simplest option.
Option 2: Formal Service
A process server or sheriff delivers the papers. This is used when a spouse won’t sign a waiver.
Most uncontested divorces use a Waiver of Service.
Step 5: Complete the Waiting Period
Most states require a waiting period before the divorce can be finalized. For example:
- Texas: 60 days
- California: 6 months
- Florida: No mandatory waiting period
- Georgia: 31 days
During this time, you finalize your agreements and prepare your decree.
Step 6: Finalize Your Property and Child Agreements
This is where you:
- Decide who keeps what
- Use offsets or equalization if needed
- Finalize your parenting plan
- Agree on child support
- Decide whether anyone will receive spousal support
Once everything is agreed upon, you put it all into your Final Divorce Decree.
Step 7: Prepare Your Final Divorce Decree
Your decree must include:
Property Division
- Who keeps the house
- Who keeps the cars
- How bank accounts are divided
- How retirement accounts are handled
- Any equalization payments
- Any offsets
Children
- Custody
- Visitation
- Child support
- Medical support
- Holiday schedules
Other Items
- Name change
- Spousal support
- Division of debts
The decree is the most important document in your divorce.
Step 8: Attend Your Final Hearing (If Required)
Some states require a short hearing; others allow a “prove-up” by affidavit.
If a hearing is required, it usually lasts 5–10 minutes.
You’ll answer simple questions like:
- Are you asking for a divorce?
- Is your marriage insupportable?
- Do you agree with the terms in your decree?
- Is this an uncontested divorce?
Once the judge signs your decree, your divorce is final.
Step 9: Certified Copies of the Signed Decree
After the judge signs, you can pick up certified copies of the signed divorce decree from the clerk’s office. Usually after a few days from the signing of the decree depending on the jurisdiction.
You’ll typically need certified copies for:
- Name change
- Vehicle title changes
- Retirement account division
- Mortgage or refinance
- Updating insurance
Step 10: Complete Any Post-Divorce Tasks
Depending on your agreement, you may need to:
- Transfer car titles
- Refinance the home
- Close joint accounts
- Update beneficiaries
- Complete a QDRO for retirement accounts
- Make equalization payments
Completing these tasks promptly protects both spouses.
Frequently Asked Questions
How long does an uncontested divorce take?
Most take 2–4 months, depending on your state’s waiting period.
Do we need a lawyer for an uncontested divorce?
Not necessarily. Many couples complete the process themselves.
Can we use the same divorce forms?
Yes — in most states, spouses can use the same forms in an uncontested divorce.
Do we have to go to court?
Some states require a short hearing; others allow a written prove-up.
What if we disagree on one issue?
You may still do an uncontested divorce — you just need to resolve that issue first.