Written By:
Divorce.com Staff
Divorce doesn’t have to mean court battles, high fees, or months of back-and-forth.
In fact, more than 95% of divorces in the U.S. are resolved without going to trial — meaning most couples reach agreements outside the courtroom whether on their own or with help from lawyers or mediators.
If you and your spouse can agree on the key decisions, you can take advantage of a faster, more affordable, and less stressful way to move on.
This guide walks you through how it works and how to do it well.
What Is an Uncontested Divorce and How Does It Work?
An uncontested divorce happens when both spouses agree on all major terms before filing with the court. This typically includes:
How to divide assets and debts
Parenting time and custody (if applicable)
Child and spousal support
Who’s responsible for filing
How to divide assets and debts
How to divide assets and debts
Parenting time and custody (if applicable)
Parenting time and custody (if applicable)
Child and spousal support
Child and spousal support
Who’s responsible for filing
Who’s responsible for filing
Because there’s no dispute to resolve, there's usually no trial. Once your paperwork is reviewed and approved by a judge, the divorce is finalized.
This path removes much of the emotional and financial strain that comes with traditional litigation and gives you more control over the outcome.
Is This the Right Path for You?
Uncontested divorce works best when there’s trust, transparency, and willingness to cooperate. It’s ideal for couples who:
Can speak calmly and negotiate fairly
Don’t have major disagreements about parenting or finances
Want to avoid the delays and expense of going to court
Can speak calmly and negotiate fairly
Can speak calmly and negotiate fairly
Don’t have major disagreements about parenting or finances
Don’t have major disagreements about parenting or finances
Want to avoid the delays and expense of going to court
Want to avoid the delays and expense of going to court
But it’s not the right choice for every situation. Watch out for red flags, like:
Pressure to “just agree” to avoid conflict
Hidden assets or financial control issues
Power imbalances or emotional coercion
Pressure to “just agree” to avoid conflict
Pressure to “just agree” to avoid conflict
Hidden assets or financial control issues
Hidden assets or financial control issues
Power imbalances or emotional coercion
Power imbalances or emotional coercion
In these cases, legal advice or a contested divorce may offer more protection.
What the Process Looks Like (and How to Get It Right)
The uncontested divorce process is relatively straightforward, but details matter. Here’s how it typically plays out:
Negotiate all terms – Before anything is filed, both spouses should agree on property division, custody, support, and responsibilities.
Prepare your paperwork – Each state has its own required forms. You’ll likely need a petition, financial disclosures, and a signed settlement agreement.
File with the court – One spouse files the petition and supporting documents.
Serve your spouse – Even if they’ve agreed, formal service is usually still required.
Sign and submit everything – Once both parties have signed, the court reviews your documents.
Receive your decree – If everything checks out, a judge will issue the final order.
Negotiate all terms – Before anything is filed, both spouses should agree on property division, custody, support, and responsibilities.
Negotiate all terms – Before anything is filed, both spouses should agree on property division, custody, support, and responsibilities.
Prepare your paperwork – Each state has its own required forms. You’ll likely need a petition, financial disclosures, and a signed settlement agreement.
Prepare your paperwork – Each state has its own required forms. You’ll likely need a petition, financial disclosures, and a signed settlement agreement.
File with the court – One spouse files the petition and supporting documents.
File with the court – One spouse files the petition and supporting documents.
Serve your spouse – Even if they’ve agreed, formal service is usually still required.
Serve your spouse – Even if they’ve agreed, formal service is usually still required.
Sign and submit everything – Once both parties have signed, the court reviews your documents.
Sign and submit everything – Once both parties have signed, the court reviews your documents.
Receive your decree – If everything checks out, a judge will issue the final order.
Receive your decree – If everything checks out, a judge will issue the final order.
Some states require a short waiting period (often 30–90 days), while others may request a brief hearing.
But compared to contested cases, this process moves much faster.
Should You DIY, Hire a Lawyer, or Use Mediation?
You don’t need a lawyer to file an uncontested divorce. But in some cases, legal support is smart.
Paperwork Only can work for couples with very simple finances, no children, and full agreement. You can use online platforms or local court forms, but mistakes in paperwork can cause delays or create future disputes.
Flat-fee lawyers are a good middle ground, especially if you have shared property, retirement accounts, or kids. They can draft or review your agreement to make sure it’s enforceable and fair.
Mediation is ideal if you mostly agree, but need help resolving a few final issues. Mediators don’t represent either party; they help facilitate a resolution that works for both.
Need Help? Choose the Right Divorce.com Package for You
You shouldn’t have to choose between peace of mind and affordability.
Divorce.com offers two thoughtfully designed packages, whether you need hands-on help or just want someone to take care of the filing for you.
Signature Package – Fully Guided Divorce
$1,999 (or 4 payments of $499.75/month)
Filing fees not included
For couples who want help working through disagreements and completing every step of the process with support.
What’s Included:
4 Mediation Sessions (e.g., custody, asset division, support)
Dedicated Case Manager (CDS®)
Personalized Divorce Documentation
Unlimited Editing Before Filing
Spouse Signature Coordination
Court Document Filing
Expert Phone Support
Ongoing Customer Support
4 Mediation Sessions (e.g., custody, asset division, support)
4 Mediation Sessions (e.g., custody, asset division, support)
Dedicated Case Manager (CDS®)
Dedicated Case Manager (CDS®)
Personalized Divorce Documentation
Personalized Divorce Documentation
Unlimited Editing Before Filing
Unlimited Editing Before Filing
Spouse Signature Coordination
Spouse Signature Coordination
Court Document Filing
Court Document Filing
Expert Phone Support
Expert Phone Support
Ongoing Customer Support
Ongoing Customer Support
Best for couples who:
Need help negotiating debt, custody, or support
Want guided support from start to finish
Prefer a low-conflict, fully supported experience
Need help negotiating debt, custody, or support
Need help negotiating debt, custody, or support
Want guided support from start to finish
Want guided support from start to finish
Prefer a low-conflict, fully supported experience
Prefer a low-conflict, fully supported experience
This comprehensive package is designed to fit most situations—whether you have children, shared property, or simply want clarity and calm throughout the process.
We File For You – Streamlined Divorce Filing
$999 (or 4 payments of $249.75/month)
Filing fees not included
For couples who already agree on most divorce terms and want help handling paperwork and filing correctly.
What’s Included:
Dedicated Case Manager (CDS®)
Personalized Divorce Documentation
Unlimited Editing Before Filing
Spouse Signature Coordination
Court Document Filing
Expert Phone Support
Customer Support
Dedicated Case Manager (CDS®)
Dedicated Case Manager (CDS®)
Personalized Divorce Documentation
Personalized Divorce Documentation
Unlimited Editing Before Filing
Unlimited Editing Before Filing
Spouse Signature Coordination
Spouse Signature Coordination
Court Document Filing
Court Document Filing
Expert Phone Support
Expert Phone Support
Customer Support
Customer Support
Best for couples who:
Already have an agreement
Want to avoid paperwork mistakes or court delays
Need light support, not full mediation
Already have an agreement
Already have an agreement
Want to avoid paperwork mistakes or court delays
Want to avoid paperwork mistakes or court delays
Need light support, not full mediation
Need light support, not full mediation
It’s a clean, supportive solution for those ready to move forward efficiently, with expert help close by.
Ready to start your divorce the clear way? Get started with Divorce.com.
What It Might Cost and How to Plan for It
Uncontested divorce is significantly more affordable than hiring attorneys to litigate. Here’s a rough breakdown:
Expense
Typical Range
Court Filing Fees
$80–$400
Flat-Fee Attorney Services
$500–$3,000
Mediation (if needed)
$0–$5,000+
Online Divorce Platforms
$150–$500
Many counties also offer fee waivers for qualifying low-income applicants. And if you’re using Divorce.com, your total cost and timeline is often a fraction of the traditional route.
After the Divorce: What Comes Next
Once your divorce is finalized, there’s still a little housekeeping to do:
Update your legal documents — wills, beneficiaries, power of attorney
Change account ownership and insurance policies
Adjust your parenting schedules, budgets, and tax filing status
Consider therapy, co-parenting support, or financial planning
Update your legal documents — wills, beneficiaries, power of attorney
Update your legal documents — wills, beneficiaries, power of attorney
Change account ownership and insurance policies
Change account ownership and insurance policies
Adjust your parenting schedules, budgets, and tax filing status
Adjust your parenting schedules, budgets, and tax filing status
Consider therapy, co-parenting support, or financial planning
Consider therapy, co-parenting support, or financial planning
This is a new chapter — not just legally, but emotionally and financially. Starting fresh should feel manageable, not overwhelming.
The Bottomline
Choosing an uncontested is a viable solution for a large number of couples each and every year and you have options that fit your unique situation.
If you and your spouse agree on the big things, you can end your marriage with clarity and respect and start your next chapter without court drama or surprise bills.
At Divorce.com, we’re here to help you do just that:
File confidently with custom-prepared documents
Resolve lingering issues with guided mediation
Get professional help only when — and if — you need it
File confidently with custom-prepared documents
File confidently with custom-prepared documents
Resolve lingering issues with guided mediation
Resolve lingering issues with guided mediation
Get professional help only when — and if — you need it
Get professional help only when — and if — you need it
A smoother divorce is within reach. Let’s help you get there.
