The short answer
An uncontested divorce in the US means both spouses agree on all terms and file a settlement agreement with the court. You file a petition in the county where a spouse meets the residency requirement, serve or have the other spouse sign a waiver, submit the agreement and financial disclosures, wait out the state's mandatory period, and the judge signs the decree, often without a hearing. Filing fees are typically $100 to $450 and timelines run from a few weeks to six months depending on the state.
Divorce in the United States is state law, and the fifty versions differ in forms, fees, waiting periods and what they call things. But the logic of an uncontested case is consistent: one spouse files, the other agrees, the settlement is put in front of a judge, and the judge signs. This guide walks the common path and flags where your state's rules will change it.
What "uncontested" means
Both spouses agree on every issue: property and debt division, spousal support, and if there are children, custody, the parenting schedule and child support. That agreement is written into a marital settlement agreement (also called a property settlement agreement or stipulation) and, for children, a parenting plan. If any issue is open, the case is contested until it is resolved, even if everything else is agreed.
Most states also offer a simplified or summary procedure for short marriages with no children and limited assets, with its own forms and a faster track. Check whether you qualify; it can cut the process significantly.
Before you file: residency and grounds
Every state has a residency requirement, typically that at least one spouse has lived in the state for a period before filing: six months is common (California, Texas, Florida), some require a year (New York for most cases), and a few have short or no requirements. Many also require residency in the county of filing. All states now allow no-fault divorce, usually on the ground of irreconcilable differences or irretrievable breakdown, and some also allow a period of separation as a ground. Uncontested cases nearly always use no-fault.
The steps
1. Prepare the settlement agreement and parenting plan
This is the substance. It should cover every asset and debt with specifics, support amounts and duration, tax treatment, insurance, retirement accounts (and note that dividing a workplace plan requires a separate QDRO), and for children, a detailed parenting plan and child support calculated under your state's guidelines. Courts scrutinise child support closely; an agreement below guidelines needs an explanation and the judge's approval. FairWell's Complete Separation Package produces a state-specific agreement and parenting plan for review by a local attorney.
2. Complete the petition and supporting forms
The filing spouse (the petitioner or plaintiff) completes the petition for dissolution of marriage or complaint for divorce, plus a summons, a case information sheet, and in most states a financial affidavit or declaration of disclosure. Many states have mandatory forms available free from the court website and self-help centres. Some states, including California, require both preliminary and final declarations of disclosure exchanged between spouses.
3. File and pay
File with the clerk of the appropriate court, in person or online where e-filing is available. Filing fees vary widely, from roughly $100 in some states to over $400 in others (California's fee, for example, has been in the mid-$400s). Fee waivers are available for low-income filers in every state.
4. Serve or waive
The other spouse must be formally served, or can sign an acceptance or waiver of service. In an uncontested case the waiver is standard: it saves a process server's fee and confirms the spouse is participating. In some states both spouses can file a joint petition, which eliminates service altogether.
5. The responding spouse's step
The responding spouse either files an answer or response agreeing with the petition, signs the settlement agreement, or in some states simply defaults after the response period. Defaulting on an agreed settlement is used in some states as a procedural shortcut; make sure the settlement agreement is on file first so the default judgment incorporates it.
6. Wait
Many states impose a waiting period between filing and the earliest possible decree: 60 days in Texas, six months in California (from service), 90 days in several states, 20 days in Florida, and no waiting period in some. Some states also require a period of separation before filing. The waiting period is often the single biggest factor in the timeline.
7. Parenting course
Many states and counties require divorcing parents of minor children to complete a co-parenting education course, often online, before the decree will be entered. Check whether yours does and do it early.
8. Final judgment
Submit the final paperwork: the settlement agreement, parenting plan and child support worksheet, any required final disclosures, and a proposed judgment or decree. Some states grant uncontested divorces on the papers; others require a brief hearing, sometimes by video, at which the petitioner confirms the facts under oath. The judge signs the decree and the marriage ends on the date stated in it.
9. After the decree
File the QDRO for any retirement plan division, transfer titles and deeds, update beneficiary designations and wills, close joint accounts, and if a name change was included in the decree, update your records. Read what changes for your taxes after divorce.
State-specific things to check
- Residency requirement (state and county) and the waiting period
- Whether a joint petition is allowed
- Whether a hearing is required for uncontested cases
- Mandatory financial disclosure forms and whether they must be exchanged before judgment
- Parenting course requirements
- Whether the state is community property or equitable distribution, which shapes how the agreement should describe the division
- Child support guideline worksheet format the court expects
- Whether alimony can be made non-modifiable by agreement
Do you need a lawyer?
Many uncontested divorces are completed without one, using court self-help resources. A limited-scope attorney review of the settlement agreement before filing is the best money in the process: it catches missing assets, unenforceable terms and tax errors while they are still cheap to fix. Independent review for each spouse also makes the agreement much harder to challenge later. FairWell's ILA Prep Package prepares you for that meeting so it takes an hour, not three.
Common questions
Can we use one lawyer for both of us?
A lawyer can represent only one spouse. Some couples use a mediator to draft and each gets a brief independent review. Sharing one attorney creates conflicts and can undermine the agreement later.
How long does an uncontested divorce take?
From a few weeks in states with no waiting period to six months or more where a waiting period applies. Court backlog and your own speed in completing forms matter too.
Do we have to go to court?
In many states, no, if the case is uncontested and the paperwork is complete. Some require a short hearing, increasingly available by video.
What if we agree on everything but the child support is below the guidelines?
The judge must approve any deviation and will want a reason. Agree an amount at or near the guideline figure unless you have a documented basis for less.
A state-specific agreement, ready for attorney review
The Complete Separation Package builds your marital settlement agreement and parenting plan from your inputs, structured for your state.
See the Complete Separation PackageThis guide is legal information, not legal advice, and it is written for a general audience across Canada and the United States. Family law is provincial and state-based and changes over time. Before you rely on anything here for your own situation, confirm it with a qualified family lawyer in your province or state. FairWell can connect you with one through the professional directory.