What is an uncontested divorce?
An uncontested divorce is one where you and your spouse agree on all the major issues involved in ending your marriage. That means you agree on how to divide your property and debts and, if you have children, on custody, visitation, and support.
Because there is nothing for a judge to decide, an uncontested divorce is far faster and cheaper than a contested one. It usually does not require lawyers, and in many states it does not require you to appear in court at all.
Do you qualify for an online divorce?
Most couples who agree on the terms of their split can use an online service. You are typically a good fit if you and your spouse are on speaking terms, can agree on dividing what you own and owe, and are willing to sign the paperwork.
An online divorce may not be right for you if there is domestic violence, if your spouse is hiding assets, if you cannot locate your spouse, or if you strongly disagree about children or money. In those cases, we recommend speaking with a licensed attorney in your state.
Grounds for divorce and no-fault states
Every state allows a 'no-fault' divorce, which means you do not have to prove that either spouse did something wrong. You simply state that the marriage cannot be repaired, often described as 'irreconcilable differences' or an 'irretrievable breakdown.'
No-fault divorce keeps the process simpler and less adversarial. You do not need to assign blame, and your spouse cannot stop the divorce by refusing to agree that the marriage is over.
Residency requirements
Before you can file, you (or your spouse) usually must have lived in the state for a certain period, commonly three to twelve months, depending on the state. Some states also require you to have lived in a specific county for a shorter time.
Residency rules decide which state's court hears your case. When you begin, we confirm you meet your state's requirement before you go any further.
The documents you'll need
The core document is usually called a Petition or Complaint for Divorce. Depending on your situation and state, you may also need a marital settlement agreement, a parenting plan, financial disclosures, and a final judgment or decree.
This is where a guided service helps most: instead of downloading blank legal forms and guessing, you answer plain-language questions and we assemble the exact forms your county court accepts.
Dividing property and debts
You and your spouse decide how to divide what you own (the house, vehicles, bank accounts, retirement) and what you owe (mortgages, loans, credit cards). Most states divide marital property 'equitably,' meaning fairly, which is not always exactly equal.
Writing your agreement down clearly, who gets what, and who is responsible for which debts, protects both of you later. Your settlement agreement becomes part of the court's final order.
Children: custody and support
If you have minor children, your paperwork will address legal custody (who makes decisions), physical custody (where the children live), a visitation or parenting schedule, and child support.
Courts decide these issues based on the best interests of the child. Child support is usually calculated using a state formula based on each parent's income and time with the children. We walk you through your state's guidelines.
Filing your paperwork with the court
Once your documents are ready and signed where required, you file them with the clerk of the court in the correct county and pay the court's filing fee. Many courts now accept electronic filing; others require paper copies in person or by mail.
Your personalized checklist tells you where to file, how many copies to bring, and the current filing fee for your court, including how to request a fee waiver if you cannot afford it.
Notifying (serving) your spouse
The law requires that your spouse be formally notified that you have filed. This is called 'service of process.' When your divorce is truly uncontested, your spouse can often simply sign a waiver or acknowledgment accepting service, which keeps things friendly and simple.
If a waiver is not an option, service can be completed by the sheriff, a process server, or certified mail, depending on your state. We explain which methods your court allows.
Waiting periods and finalizing
Many states impose a waiting period, a 'cooling-off' time between filing and finalizing, that can range from none at all to six months. During this time your paperwork works its way through the court.
At the end, a judge reviews and signs your final judgment or decree, and your divorce is official. Some courts finalize entirely on paper; others require a short final hearing. Keep certified copies of your decree for updating records later.
After your divorce is final
Once you have your signed decree, you can update your name (if you changed it), your accounts and beneficiaries, your will, and your insurance. If your order includes property transfers or support, follow through on those steps promptly.
Keep several certified copies of your decree in a safe place, you will need them for banks, the DMV, and other agencies.
This guide is general information, not legal advice, and laws vary by state. If your situation is complex, consult a licensed attorney in your state.