Uncontested Divorce: Basics and Process

An “uncontested” divorce means both spouses want the divorce. Together, they are amicably willing to do one of the following:

• Reach an agreement for all issues on their own
• Reach an agreement with the help of divorce mediation

Filing divorce papers for an uncontested divorce may save you time and money through streamlined court procedures. Keep reading to learn more.

Even an uncontested divorce benefits from professional legal help. Safeguard your future by talking to a divorce attorney near you.

Do We Qualify for an Uncontested Divorce?

The couple must meet all the criteria below:

• Meet the residency requirement for filing
• Not have any financial disputes (such as child support or alimony)
• Present a marital settlement agreement on all matters
• Both agree to the divorce (if one person does not show up for the divorce proceedings, it may be seen as an agreement to the divorce. Check your state’s divorce laws to understand what a no-show indicates.)

An uncontested divorce can be useful when both parties are informed and agree on significant issues.

In most divorces, both people need to agree on the following:

• Child custody
• Child support and health insurance
• Property distribution (including real estate)
• Debt distribution
• Spousal support

A simple, non-confrontational divorce case can save substantial time and money. An uncontested divorce process may go faster and smoother overall, and both parties can work toward a fair settlement agreement.

Uncontested Divorce vs. Dissolution of Marriage

An uncontested divorce hearing normally happens after the following:

• A contested divorce has been filed
• The parties agree on all terms before the trial date
• The parties seek to expedite the hearing date to conclude the divorce

In Ohio, an uncontested divorce still requires proof of grounds for the divorce from at least two witnesses. In the past, a divorce required fault grounds, such as adultery or abandonment. Today, all states have moved away from fault-based divorce. Most divorces are granted on grounds such as irreconcilable differences or incompatibility.

The grounds may be no-fault, but witness testimony must support these grounds at the hearing. Courts best determine credibility and voluntariness from witness testimony under oath.

A dissolution hearing is typically a simplified process of an uncontested divorce. For example, in Ohio, parties don’t request an uncontested divorce if they are in full agreement before filing in court. They file for a dissolution. The court will then schedule the dissolution hearing in a short amount of time. Both parties will appear and testify under oath as to their agreement.

The parties do not have to present grounds, just a valid agreement that they entered into voluntarily. The court order of dissolution will have the same effect as a judgment of divorce.

More complicated divorces may fall outside these parameters in a given state.

Uncontested Divorce: Eligibility Requirements

Uncontested divorces are generally available to couples with no disagreements about basic divorce issues. These issues typically include the following:

• Child custody and parenting time for minor children
• Child support
• Property division (including real property)
• Spousal support
• Motor vehicles
• Financial assets (bank accounts, stocks, investment accounts)
• Retirement assets
• Financial debts
• Household goods and personal property
• Businesses

Each party must take certain actions for the divorce process to begin. Depending on state law and court procedure, the parties may file a joint petition, or one party may file a complaint with the court clerk’s office.

In cases where the parties had agreed to all matters prior to filing, they will attach the signed separation agreement and/or parenting plan. If one party filed the divorce complaint, then the other party may file a waiver or an acknowledgment of service.

If the second party does not file an acknowledgment of service, then the first party may need to hire a process server to complete service of the divorce complaint on the second party.

The divorce can be granted if the court finds that:

• Both parties agreed to the divorce and the terms set out in the separation agreement and/or parenting plan (in other words, they don’t “contest” it)
• The waiting period under state law from the date of filing to the date of service or waiver of service has passed
• There are no-fault grounds or fault-based grounds for the divorce
• The parties’ agreement is fair and in the children’s best interest (when there are children)

In most states, even if one party (who was properly served or waived service) fails to make an appearance, the court may grant the uncontested divorce as long as one party appears and complied with all court procedures (this depends on your specific state laws).

An uncontested divorce cannot be granted if one side:

• Does not agree to divorce
• Does not complete the necessary court filings

Filing Process and Forms in Uncontested Divorce

Like a contested divorce, it begins with one side filing for divorce and paying the court’s filing fees. If you cannot afford the fees, you can fill out a request for waiver or a payment plan with the court. A fee waiver normally requires the party to complete an affidavit of indigency form.

Uncontested divorces usually have streamlined paperwork:

• A separation agreement covering all terms or
• A separation agreement and parenting plan agreement covering all terms
• Required divorce forms, including division of property affidavit, child custody information, financial information and a statement of the grounds for divorce.

Benefits of Uncontested Divorce

One primary benefit of this type of divorce is the savings in divorce costs. Seeking legal advice is typically advisable in any divorce. But an uncontested divorce does have a streamlined procedure with lower court costs, and you may be able to DIY some steps, which reduces attorney fees.

Many couples can also get their divorce granted more quickly in an uncontested divorce. Fewer proceedings and less legal wrangling allow people to end the marriage and move forward.

Reducing Conflict with Uncontested Divorce

Divorce of any kind typically involves some conflict. However, an uncontested divorce can reduce the conflict between the parting spouses. It has less opportunity for conflict to arise in the process.

There is less need for communication and demands for information back and forth. You will also have fewer proceedings to resolve disputed elements of the divorce. The process overall can help minimize conflict between the soon-to-be exes.

Do I Need an Attorney for an Uncontested Divorce?

 Most uncontested divorces are straightforward enough that both spouses fully agree on every issue and feel confident completing the required forms. In these situations, a “DIY divorce” may be enough. But even in an amicable divorce, a brief consultation with a lawyer can help ensure the settlement agreement is legally sound and that neither spouse unintentionally gives up important rights.

Uncontested divorces move quickly, but speed can sometimes lead to overlooked details. Getting help from an attorney can give you peace of mind that you’re getting things right. Specifically, a divorce attorney can:

• Explain the requirements in your state
• Review your agreement and make appropriate recommendations
• Flag any issues with property division that could cause issues later

Spending money on an attorney in an uncontested divorce doesn’t seem necessary for some couples. But this investment can protect your financial future and save you money and court fees in the long term.

Filing Uncontested Divorce “Under Seal”

Filing “under seal” is not easy. In most cases, your divorce information required in the divorce becomes open to the public. Parties who seek to shield their divorce filings from public view must show good cause. It is more likely that parties can expect that public disclosure of divorce information will occur, including:

• Claims or accusations that one side alleges against the other
• Financial information
• Other private information

However, less information is filed with the court and goes into the public record when no one contests the divorce. This helps spouses who agree to an uncontested divorce minimize the amount of private information made public.

Disadvantages of Uncontested Divorce

Couples should strongly weigh whether an uncontested no-fault divorce is appropriate if they have the following:

• Children
• Complex or disputed marital property arrangements
• Potential disagreement on spousal support
• Domestic violence or a historical imbalance of power and control in the relationship

But there is a trade-off for simplicity and cost savings. It comes at the expense of being able to determine complicated custody decisions satisfactorily. Deciding on complex property distributions or spousal support arrangements can also be challenging.

Couples with children must make additional filings regarding the child’s custody and child support if pursuing an uncontested divorce.

Parents will want to consider the following:

• Shared parenting plans
• Issues of custody
• Parenting time
• Parent address for school
• Holidays
• Vacations
• Decision-making on important matters
• Health insurance and premium costs
• Health care expenses of children
• Child support
• Extracurricular costs
• Financial assistance with college

The simplified uncontested divorce procedure may be unavailable when the couple has a child in certain states. The importance of legal resolution of child custody issues can often call for more detailed procedures available in a regular divorce.

The issues involved in a divorce are enormous, from who will raise children to how couples’ property will be divided. An experienced divorce attorney can help you get the best results for you and help you find the most cost-effective path to divorce.

Get Legal Help with Your Divorce

Whether contested or uncontested, divorce can be emotionally traumatic for all parties. Parties often do not think of all the issues and equitable trade-offs that lead to a fair agreement. Family law also varies from state to state.

Contact an experienced divorce lawyer to guide you through the process and protect your future. FindLaw’s directory of divorce attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s divorce laws are relevant, your attorney should be licensed in your state.