An uncontested divorce is a divorce that is mutual between the two parties. Uncontested also refers to the details of the divorce and how the parties agree on most issues within the divorce proceedings.
A divorce is easier to get through if agreements are made outside of court. This is where an uncontested divorce will come in and save both parties time and financial burden. Hiring a lawyer is still a good idea for those who don’t wish to represent themselves, but it will be cheaper because of the amount of time already spent coming to agreements.
The paperwork for an uncontested divorce can be obtained with a local county clerk. It is usually called a Dissolution of Marriage or Petition for Divorce. The county clerk will either ask you or show you where to enter that your divorce is uncontested on the paperwork.
Most states will award an uncontested divorces without physical court time, as long as there are no children involved and agreements are complete with both parties.
There is usually a waiting period before the divorce is awarded. The waiting period for an uncontested divorce with no children involved varies by state law.
The steps to obtain an uncontested divorce are:
Obtain and complete divorce packet from the county clerk’s office.
Serve your spouse with the petition, based on state laws.
File the paperwork stating your spouse was served and get a court date. (If you show up with your spouse, this can go faster for both of you).
Your spouse files a response to the initial divorce papers.
If you have children you may be required to take parenting classes and show up to court, depending on the state. There will also be a child support determination on your court date.
Once the waiting period is over and all of your paperwork is complete and the divorce is issued.