Uncontested Divorce Everything You Should Know Before Filing

Everything you need to know before filing your own uncontested divorce

BY: Jacky Branchcomb

June 1st, 2023

Types of uncontested divorces

There are two types of uncontested divorces. The first type is the most common one where both spouses agree to all of the terms and both spouses are willing to sign the divorce papers. In most of these cases there are no property assets to be divided, except for personal property. If there are assets to be divided those issues can be resolved in what is called a "marital settlement agreement."

The second type of uncontested divorce is one where one spouse files for divorce and the other spouse doesen't respond or appear in court. Most people are unaware that this type of uncontested divorce can be finalized without the other spouse agreeing to anything, and without the other spouse having to sign any paperwork. This can be accomplished by filing a divorce petition and having the other spouse (defendant) legally served with divorce papers. After the non-filing spouse is served, he or she will a certain amount of time to respond to the divorce petition (these time periods vary by state). If the non-filing spouse fails to hire a lawyer after being served, or fails to respond in writing, the divorce becomes uncontested and can be granted by default. Using this process is ideal for those that have a spouse who is financially unable to hire a lawyer to contest the divorce. This process is also ideal if one spouse is incarcerated, or is wanted by the authorities. Uncontested divorces are generally less contentious and less stressful than contested divorces, and can often be resolved more quickly as well. However, it is still important to have an experienced professional to assist with the process to ensure that all of the divorce forms are properly prepared. Overall, an uncontested divorce is generally recommended as an option for couples who are in agreement and want to avoid a lengthy and expensive legal battle. It is also recommended for circumstances where the non filing spouse is unable to contest the divorce after being served.


Complex legal documents: The process of filling-out divorce forms can be complex and can be difficult to do without professional legal assistance. Each divorce is different and may require specific forms. Knowing which forms you need can be difficult to understand. Mistakes can be costly: If you make mistakes in your divorce documents, it can be time-consuming and expensive to correct them later. Emotional toll: Divorce can be emotionally draining, and handling the process without professional help can add stress and pressure. In summary, filing your own uncontested divorce can be a good option if you are comfortable navigating the legal process, able to communicate effectively with your former spouse, and willing to accept responsibility for any errors or oversights made during the process. However, if you are unsure about your ability to handle the process or any complexities that may arise, it may be best to seek out the services of a qualified attorney or use a non-attorney divorce service to assist with the process.

If you have questions, or to start your uncontested divorce by phone click below