An uncontested divorce occurs when both partners agree on all the issues necessary to end the marriage. This means agreeing on child custody (if applicable), division of property, spousal support, debt allocation, and so on. The agreements take place outside the courtroom, and may or may not involve divorce lawyers. Most states require that the husband or wife must have established residence in the state for at least six months. Also, the spouse filing must know where their partner is located, as both have to sign the divorce paperwork.

A divorce that is uncontested is usually favored because it’s more cost effective and not nearly as time consuming. The process is also far less strenuous on the two spouses and any children involved. An uncontested divorce can also take place if one spouse doesn’t take part in the divorce action.

As mentioned, you can go through an uncontested divorce without hiring a lawyer. Some recommend at least consulting with a lawyer so you can get some advice on completing the process. Lawyers won’t charge much for an uncontested divorce, so this might be a good investment. Each side however must have their own lawyer.

Once all the issues have been agreed upon, then it’s put down in writing. This agreement and all the other required paperwork are then submitted to the court. The courts 9 out 10 times will approve the divorce without the parties having to appear in court. The timetable is around 4-6 weeks on average before approval is granted.

The uncontested divorce laws are very few and straightforward. The biggest obstacle is both sides working together or with a mediator to resolve all the issues. Once that hurdle has been cleared, than it’s pretty smooth sailing from there. The process then really only involves submitting all the paperwork, and then awaiting approval from the courts. Within a very short period of time you can get a divorce finalized when it’s uncontested.