Key takeaways:
- An uncontested divorce means you and your spouse agree on every issue: property, debts, support and, if you have children, parenting and child support.
- You still go through the court. You file, serve or get a signed acknowledgment or waiver, submit your agreement, and wait out your state’s waiting period.
- Waiting periods vary a lot: 6 months in California, 60 days after filing in Texas, 20 days after filing in Florida, and at least 60 days before the final hearing in Maine.
- Fee waivers are available if you can’t afford court fees, and some states require a parenting course before the judgment.
- Full financial disclosure protects you both. An agreement built on missing information can cause problems later.
Last reviewed: October 22, 2026. This article is general information about US law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
You are at a crossroads, and you and your spouse have managed something hard: you agree on how to end your marriage. That puts you on the simplest path the legal system offers. An uncontested divorce usually costs less, takes less time and stays more private than a contested case. It still has rules, though, and missing one can set you back. This guide walks through each step.
Contents
- Is an uncontested divorce right for you?
- Building a complete settlement agreement
- Filing and serving the paperwork
- Court fees and fee waivers
- Waiting periods and the final judgment
- FAQ
Is an uncontested divorce right for you?
Residency first. You can only file in a state where you, or sometimes your spouse, meet the residency rule. Examples:
- California: one spouse has lived in the state for 6 months and in the county for 3 months.
- Texas: one spouse has been domiciled in the state for 6 months and has lived in the county for 90 days (Tex. Fam. Code 6.301).
- Florida: one spouse has lived in the state for 6 months before filing (Fla. Stat. 61.021).
- Maine: one of several options applies, such as living in Maine for 6 months, or your spouse being a Maine resident (19-A M.R.S. 901).
No-fault grounds. Every state offers a no-fault ground, so nobody has to prove wrongdoing. The wording varies: “irreconcilable differences” in California and Maine, “insupportability” in Texas, “irretrievably broken” in Florida and Georgia.
Total agreement. “Uncontested” means agreement on every issue, not most of them. If one issue is still open, you aren’t there yet, but mediation can often close the gap.
The upside
- Usually lower legal costs
- More privacy than a trial
- You decide the terms, not a judge
The requirements
- Full cooperation through the end
- Honest financial disclosure
- Following your court’s forms and deadlines
Building a complete settlement agreement
Your written agreement, sometimes called a marital settlement agreement, becomes the backbone of your judgment. Courts generally expect it to cover everything. New York, for example, won’t grant a no-fault divorce until property division, spousal support, child support, counsel fees, and custody and visitation have been resolved by the spouses or decided by the court (DRL 170(7)).
Property, debts and retirement. List every asset and debt: bank and investment accounts, retirement plans, the house, vehicles, credit cards and loans. Gather statements and recent tax returns. Dividing some retirement plans requires a separate court order, so make sure your paperwork covers that step.
Disclose everything. Many states require spouses to exchange financial disclosures. An agreement based on hidden or missing information can lead to the judgment being challenged or reopened later, which defeats the purpose of a quick, clean divorce.
Parenting plan. If you have children, spell out the regular schedule, holidays, school breaks, decision-making, and how you’ll handle changes. Judges review parenting plans based on the children’s best interests.
Parenting classes. Some states require one. In Florida, both parties in a divorce with minor children must complete the Parent Education and Family Stabilization Course before the final judgment, unless the court excuses them for good cause (Fla. Stat. 61.21). Maine’s court lists parent education programs as part of divorces with children. Check your state and county rules.
Child support and health insurance. Child support generally follows your state’s guideline formula, and courts review agreements that depart from it. Include health insurance and uncovered medical costs.
Mediation. A mediator is a neutral person who helps you resolve the last sticking points. Mediators don’t take sides or give either of you legal advice. Some courts order mediation in family cases, and Maine, for example, charges a court mediation fee unless you qualify for a waiver.
Many people have an attorney review the final agreement before signing, even in a friendly divorce. Some attorneys offer limited-scope review for just that purpose.
Filing and serving the paperwork
Choose the right forms. Most state courts publish separate packets for divorces with and without children. Use your state’s current forms and any local county forms. Since January 1, 2026, California couples who agree can file a single joint petition (FL-700) together instead of a petition and response.
Court clerks help with procedure, not advice. Clerks and self-help centers can explain forms and steps, but they can’t give legal advice.
Service, the easy way. Even in a friendly divorce, the other spouse must be formally notified. Cooperative spouses can usually make this simple:
- California: Notice and Acknowledgment of Receipt, mailed by another adult. Service is complete when your spouse signs.
- Texas: your spouse can sign a Waiver of Service, which usually must be notarized.
- Maine: Acknowledgment of Receipt of Summons and Complaint (CV-036).
If your spouse won’t sign, you can use a sheriff or a process server. If they then don’t respond in time, you can generally ask the court to proceed by default. A default still requires the judge’s review: in Texas, a divorce petition can’t be taken as confessed just because the other spouse didn’t answer (Tex. Fam. Code 6.701).
Court fees and fee waivers
Filing fees are set by each state, and sometimes each county. Verified examples: California charges $435 for a petition and $870 for a joint petition (schedule effective January 1, 2026); Maine charges $120 to file a family matter (schedule effective March 9, 2026). New York’s court system lists a minimum of $335 for an uncontested divorce.
Money shouldn’t stop you. Every state has a way to ask the court to waive fees if you can’t afford them. It may be called a fee waiver, a statement of inability to afford court costs, or an application to proceed “in forma pauperis.” Ask the clerk for your state’s form.
Watch for smaller extra costs: service fees, certified copies, parenting course fees and mediation fees.
Waiting periods and the final judgment
Many states set a minimum time before a divorce can be final. It doesn’t matter how much you agree.
| State | Minimum waiting period |
|---|---|
| California | 6 months after the respondent was served or appeared (6 months from filing for a joint petition) |
| Texas | 60 days after filing, with limited family violence exceptions (Tex. Fam. Code 6.702) |
| Florida | 20 days after filing, unless the court finds an injustice would result (Fla. Stat. 61.19) |
| Georgia | 30 days after service, for the irretrievably broken ground (O.C.G.A. 19-5-3(13)) |
| Maine | At least 60 days between filing the paperwork and the final hearing |
The actual timeline is often longer, depending on your court’s workload and how quickly the paperwork is complete. A judge or clerk reviews your file, and errors can send it back.
Final hearing or not? Some courts finalize uncontested cases on the paperwork, while others require a short hearing where you confirm the agreement, sometimes by video. Your court’s self-help center can tell you which applies.
The final judgment. The divorce is final when the judge signs the judgment (sometimes called a decree) and it is entered. Order several certified copies and keep them safe. You’ll need them for things like name changes, retitling property and dividing retirement accounts.
Do you and your spouse agree on everything? If your divorce is uncontested, an online divorce service can prepare your state’s court forms for a flat fee. These services are not law firms and cannot give legal advice. How online divorce services work and how to choose one.
FAQ
How long does an uncontested divorce take?
It depends mostly on your state’s waiting period and your court’s workload. Minimums include 6 months in California, 60 days after filing in Texas and 20 days after filing in Florida. Delays in completing paperwork add time.
Do I need a lawyer for an uncontested divorce?
No state requires one, and many people file on their own using court forms. An attorney can still review your agreement and advise you, especially if you have children, retirement accounts or real estate.
Does my spouse have to be served if we agree?
They must be formally notified, but a cooperative spouse can usually sign an acknowledgment or waiver instead of being served by a sheriff or process server. The form depends on your state.
What if we can’t afford the filing fee?
Ask the court clerk for your state’s fee waiver form. Courts can waive filing fees for people who can’t afford them, and in some states the waiver also covers service costs.
Sources: Texas Family Code, Chapter 6; Fla. Stat. 61.021; Fla. Stat. 61.19; Fla. Stat. 61.21; O.C.G.A. 19-5-3; New York DRL 170; 19-A M.R.S. 901; Maine Judicial Branch: divorce; Maine Judicial Branch: how to start a divorce; Maine court fee schedule (JB-05-26); California Courts: joint petition; California Courts: residency and waiting period; California Courts: Notice and Acknowledgment of Receipt; California Statewide Civil Fee Schedule (2026); NY Courts (Bronx Supreme Court): uncontested divorce fees; Harris County Law Library: Texas waiver of service.
