How uncontested divorce works
An uncontested divorce — where both spouses agree on all terms — is the most straightforward path through the process. Here is what to expect at each stage.
Confirm you meet residency requirements
Every state requires at least one spouse to have lived there for a set period before you can file — ranging from no requirement at all (Alaska, South Dakota, Washington) to a full year (Connecticut, Iowa, Nebraska, and others).
If you don't yet meet the requirement, you have two choices: wait until you do, or consider whether your spouse's residency qualifies. In most states, either spouse's residency is sufficient.
Agree on all terms with your spouse
An uncontested divorce requires full agreement on every issue: how to divide marital property and debts, whether either spouse will pay spousal support (alimony), and — if you have children — custody arrangements, visitation schedules, and child support.
This is the step that determines whether your divorce can proceed without a judge deciding things for you. If you can't agree, you may need mediation or an attorney. But many couples reach agreement through direct conversation, sometimes with the help of a mediator.
Gather financial documents
Most states require financial disclosures from both parties. You'll typically need: recent pay stubs (2–3 months), bank statements, investment and retirement account statements, the most recent tax return, mortgage statements or lease agreements, vehicle titles and loan statements, and documentation of any business interests.
Collecting these upfront — even before filing — will prevent delays later in the process.
Complete the divorce petition and forms
Download the required forms from your county court's website or the state court self-help portal. The core document is the Petition for Dissolution of Marriage (called a Divorce Complaint in some states). You'll also need a summons, financial disclosure forms, and — if you have a settlement — a Marital Settlement Agreement.
Fill everything out carefully and accurately. Errors or incomplete information are the most common reason courts reject filings. If your state has simplified dissolution (available for short marriages with limited assets), you may qualify for fewer forms and a faster process.
File with the clerk and pay the filing fee
Take your completed, signed forms to the county clerk's office where you reside (usually). Pay the filing fee — ranging from about $70 in Wyoming to $450+ in some California counties. Get everything date-stamped and keep copies.
Some states now offer e-filing portals that let you submit documents online. Check our state guides for whether your state offers this option.
Serve your spouse
Your spouse must receive formal legal notice that you've filed. This is called "service of process." Options typically include: sheriff or constable service (most common), a licensed process server, certified mail (some states), or — if your spouse agrees — an Acceptance of Service form they sign voluntarily.
Service by Acceptance is the cleanest option for cooperative divorces and avoids the awkwardness of a sheriff showing up at someone's door. Once served, your spouse typically has 20–30 days to file a response.
Wait out any mandatory waiting period
Many states impose a mandatory waiting period after filing — designed as a cooling-off period. It ranges from none (Alaska, Nevada, New York, and others) to 6 months (California, Wisconsin). The period typically begins at filing, not at service.
Use this time productively: confirm your settlement agreement is signed by both parties, gather any remaining financial documents, and ensure your QDRO (if needed for retirement accounts) is being prepared.
Attend the final hearing (often waived)
For uncontested divorces, the final hearing is typically brief — sometimes just 5–10 minutes. The judge reviews your settlement agreement, may ask a few questions to confirm both parties agree and understand the terms, and then signs the final decree.
In many counties, uncontested divorces can be finalized by default judgment or on the papers alone, without either party appearing in court. Once the judge signs the decree, your divorce is legally final. You'll want certified copies of the decree — you'll need them to update financial accounts, change your name on official documents, and for other administrative tasks.
Ready to move forward?
Find your state's specific requirements, or use our checklist to make sure you have everything in order before you file.