Couples who wish to end their marriages but who are in agreement regarding all relevant issues may be able to pursue what many states refer to as an uncontested divorce. Depending on the rules of your jurisdiction, a streamlined uncontested divorce process may be available to you and your spouse if you don’t have any children and/or if you have limited assets. However, in a number of states, you can file for an uncontested divorce if you and your spouse agree on how you will divide any assets or debt, whether either spouse will pay alimony, and if children are involved, any issues related child support, child custody, and parenting time or visitation. Most states have residency requirements that you and/or your spouse must meet before you can file your divorce case there, and in many places there is a waiting period that must pass before your divorce can be finalized. Overall, uncontested divorces tend to proceed through the legal system much more quickly than contested divorces.
The rules and forms you will need in order to file an uncontested divorce case will vary based on the state and county that you and/or your spouse live in. Click on the states below for an overview of the main rules governing uncontested divorce in a given jurisdiction, as well as forms you can use in your case.
Alabama
To obtain an uncontested divorce in Alabama, the parties must be in agreement about seeking a no-fault divorce, meaning that they are divorcing due to incompatibility, voluntary abandonment, or the irretrievable breakdown of the marriage. Both spouses must also be willing and available to sign any necessary paperwork, and they must agree to a division of property, spousal support, and other material issues.
The forms you may need to file for an uncontested divorce in Alabama can vary by county. The first form you will have to file is the Complaint (PS-08), though additional paperwork related to child custody and support will be necessary if you and your spouse have any children who are 18 or younger. The plaintiff, or the person seeking the divorce, can also file the Plaintiff’s Testimony Form (PS-09) if there are no minor children and no assets or debts for the court to divide; the same restrictions apply to using the Request for Divorce Judgment by Default Form (PS-10).
Alabama Uncontested Divorce Forms and ResourcesAlaska
To file for an uncontested divorce, or “dissolution” as it’s known in Alaska, you and your spouse must be in agreement with regard to ending the marriage on the basis of an irremediable breakdown of the relationship, dividing property and responsibility for debts, spousal support, and if applicable, child support and child custody.
If the parties have no children who are 18 or younger, they can file either the Uncontested Complaint for Divorce Without Children Packet (SHC-PAC9B) or Dissolution Packet #2 (DR-2). If the parties do have children who are 18 or younger, they can file Dissolution Packet #1 (DR-1). Depending on the location where you file, there may be some variations in the forms you must file and the requirements you must meet in order to dissolve the marriage, particularly if you have children.
Alaska Uncontested Divorce Forms and ResourcesArizona
If you wish to obtain an uncontested divorce in Arizona, you and your spouse must agree that the marriage has irretrievably broken down, and you must also agree on a division of property and debts as well as whether spousal support will be paid. If you have minor children, you must also agree upon plans related to child custody, visitation, and support.
Most counties have their own forms for uncontested divorces, but there are state forms that may be acceptable if your county doesn’t have its own form. In Arizona, you can obtain an uncontested divorce through default or consent. To utilize the default option, once you have filed and served your divorce petition on your spouse, you can ask the court for a default judgement if your spouse hasn’t responded within a certain time frame. To utilize the consent option, 60 days after you serve your spouse with the divorce petition, you and your spouse can submit a notarized version of your agreement regarding the terms of the dissolution to the court for approval.
Arizona Uncontested Divorce Forms and ResourcesArkansas
Even in an uncontested divorce, Arkansas requires the plaintiff to have grounds for divorce, but no-fault divorce is allowed, and requires a showing that the parties have lived separately for 18 months. An uncontested divorce may also be based on fault grounds including adultery, cruel treatment, or refusal to support a defendant spouse. In an uncontested divorce, the spouses will generally have agreed upon issues such as property and debt division, child custody and support, and alimony.
The first step in initiating your divorce is to file a complaint for divorce and serve a summons on your spouse. Forms and requirements vary by county, but your complaint should generally include information such as the grounds for divorce, how you or your spouse meet the state residency requirements, and that you are living separately. If you are seeking a no-fault divorce, you will also need to submit an affidavit from a witness who can attest to the fact that you and your spouse have been living apart for 18 months.
Arkansas Uncontested Divorce Forms and ResourcesCalifornia
California offers a process similar to uncontested divorce called “summary dissolution.” There are several requirements that couples must meet in order to be eligible for this option, including being married less than five years, having no children and not expecting any, not owning land or buildings together, not owing more than $6,000 in debt or having more than $45,000 in community or separate property (not counting cars), and agreeing that neither party will receive spousal support. The spouses must also sign an agreement dividing their assets and debts.
Forms that couples seeking summary dissolution in California must file include a Joint Petition for Summary Dissolution (FORM FL-800), Judgment of Dissolution and Notice of Entry of Judgment (FORM FL-825), and an Income and Expense Declaration (FORM FL-150) for each party. Couples must also fill out additional forms and/or worksheets regarding their finances and property.
California Uncontested Divorce Forms and ResourcesColorado
A Colorado uncontested divorce is known as a “decree upon affidavit” because it allows the parties in many cases to end their marriage by submitting an affidavit to the court rather than appearing at a hearing. This type of divorce is available to couples who agree that the marriage is irretrievably broken, who have either a signed agreement regarding property division or who have no marital property to divide, and who either have no children or have a signed agreement related to all custody, visitation, and support matters.
Forms that a couple seeking an uncontested divorce in Colorado may need to file include an Affidavit for Decree without Appearance of Parties (JDF 1201), Petition for Dissolution of Marriage or Legal Separation (JDF 1101), Separation Agreement (JDF 1115), and Decree of Dissolution of Marriage or Legal Separation (JDF 1116). Depending on the circumstances of the case, the judge may require you to appear at a hearing even if you have requested a decree without appearance, and/or in some cases involving children.
Colorado Uncontested Divorce Forms and ResourcesConnecticut
In Connecticut, an uncontested divorce is known as an “uncontested dissolution of marriage.” To obtain this type of divorce, the parties must agree that the marriage is irretrievably broken or otherwise agree upon the grounds for divorce. The couple must have provided sworn statements regarding their assets and debts to the court. They must agree regarding all issues in the divorce, including property and debt division, spousal support, child support, and child custody, and memorialize these issues in a written settlement agreement. There also cannot be any other pending legal cases related to any children of the marriage.
Forms that you will need in order to begin a divorce case include a Summons Family Actions form (JD-FM-3), and a Divorce Complaint/Cross Complaint form (JD-FM-159). You will also need a Notice of Automatic Court Orders (JD-FM-158), and additional forms related to any children of the marriage. Though you can get an uncontested divorce in many other states without a hearing, Connecticut requires one.
Connecticut Uncontested Divorce Forms and ResourcesDelaware
Couples in Delaware can obtain an uncontested divorce if they agree upon all of the issues in the divorce, including the division of property and debts, as well as issues related to child support and child custody. They must also meet the six-month separation requirement, which means living apart and not engaging in sexual activity. An uncontested divorce is also available in situations where the non-filing spouse does not respond to the divorce petition within 21 days.
To begin your uncontested divorce case you will need to file forms including a Petition for Divorce/Annulment (Form 442) and an Information Sheet (Form 240). If you and your spouse have children under the age of 18, you will need to file additional forms including an Affidavit of Children’s Rights (Form 279), and if you have children under the age of 17, you will need to complete a parenting class unless the court determines that it is not necessary. If you wish to obtain your divorce without a hearing, you can file a Request to Proceed Without a Hearing (Form 446).
Delaware Uncontested Divorce Forms and ResourcesDistrict of Columbia
To obtain an uncontested divorce in the District of Columbia, the parties must have been continuously and mutually separated (living apart without sexual relations), for at least six months. The parties also must enter into a written agreement resolving all issues in the divorce, such as the division of assets and debts, child custody and support, and alimony.
The first document you will need to file when seeking an uncontested divorce in D.C. is a Complaint for Absolute Divorce. The responding party will need to sign a Consent Answer. Both spouses must also sign an “Uncontested Praecipe,” which serves to request a hearing date from the court. The party who filed for divorce is generally required to attend the divorce hearing, but the other party usually does not need to.
District of Columbia Uncontested Divorce Forms and ResourcesFlorida
Uncontested divorce in Florida is known as a “simplified dissolution of marriage.” To qualify for this process, the spouses need to agree that the marriage is broken and that they should seek this type of divorce. They cannot have any minor children or be expecting any. They must agree on a division of property and debts, and neither spouse can be seeking alimony.
Forms that you will need to file as part of your uncontested divorce in Florida include a Petition for Simplified Dissolution as well as a Final Judgment of Simplified Dissolution of Marriage for the judge to sign at the end of your case. Both spouses must attend a hearing before the divorce is finalized.
Florida Uncontested Divorce Forms and ResourcesGeorgia
To obtain an uncontested divorce in Georgia, the parties must reach an agreement regarding the division of assets and debts, alimony, child support, and child custody. The divorce can be filed upon a number of grounds, including adultery and cruel treatment, but often the most applicable option in an uncontested divorce is that the marriage is irretrievably broken.
To initiate an uncontested divorce, you will need to file a verified Complaint or Petition for Divorce. Other forms you will need to file include a Domestic Relations Financial Affidavit and a Settlement Agreement signed by both parties. If you have children, you and your spouse will be required to attend an educational seminar for parents. In most counties, judges are willing to grant uncontested divorces without a hearing, though this can depend on the individual circumstances of the case.
Georgia Uncontested Divorce Forms and ResourcesHawaii
Hawaii is a no-fault divorce state, with the most common ground for divorce being that the marriage is irretrievably broken. To obtain an uncontested divorce, you and your spouse must be in agreement regarding all issues in the marriage, including the grounds for divorce, division of property and debts, child support, child custody, and spousal support.
The Hawaii Family Courts are divided into separate circuits, and based on where you live, the filing procedures and forms you will need for an uncontested divorce may vary. In general, to begin your case you will need to file and serve your spouse with a complaint, summons, and other required documents such as an accounting of your finances and custody or parenting plan depending on your circumstances. If you are seeking an uncontested divorce by affidavit, the judge can grant your divorce without a hearing if all of your filings are in order.
Hawaii Uncontested Divorce Forms and ResourcesIdaho
In Idaho, there are two forms of uncontested divorce: divorce by default and divorce by stipulation. In a divorce by default case, the spouse seeking the divorce can obtain a judgment if the non-filing spouse does not respond to the petition for divorce within 20 days. To obtain a divorce by stipulation the parties must agree to all issues in the divorce, including how to divide assets and debts, alimony, child custody, and child support. The parties must also agree on the grounds for divorce, which can include fault-based grounds like adultery, willful desertion, and extreme cruelty, though most couples are likely to choose the no-fault option of irreconcilable differences.
In general, forms you will need to file to obtain an uncontested divorce in Idaho include a Petition for Divorce With Children (CAO D 1-5) or Petition for Divorce Without Children (CAO D 1-6) and Family Law Case Information Sheet (CAO FL 1-1), along with documentation regarding your property and debts, and the details of any child custody arrangements that may be applicable in your case. If both parties agree to end the marriage by stipulation, you can file a Sworn Stipulation for Entry of Decree of Divorce (CAO D 6-8) signed by you and your spouse in order to resolve your case without a hearing.
Idaho Uncontested Divorce Forms and ResourcesIllinois
In an uncontested divorce in Illinois, the parties must agree regarding all issues in the divorce, including those related to a division of property and debts. A streamlined form of uncontested divorce called “joint simplified dissolution” is also available to couples who meet a number of specific criteria, including that the marriage has not lasted longer than eight years, the couple does not have and is not expecting any children together, the divorce is based on irreconcilable differences, and both parties are willing to waive spousal support or aren’t financially dependent upon each other. Further, neither party can have any interest in real estate, marital assets cannot exceed $50,000, neither party’s annual income can exceed $30,000, and their joint annual income cannot exceed $60,000. You cannot hold any interest in retirement benefits except for IRA assets, which cannot exceed a combined total of $10,000. The couple must have lived separately and apart for six months, or agree to waive the separation period requirement.
To file for a joint simplified dissolution, you will need to file the forms used by the circuit court where you live. Forms may vary somewhat across circuits, but the forms utilized in the Circuit Court of Cook County are more or less representative of the forms you may find in your jurisdiction. Required Cook County forms include a Joint Petition for Simplified Dissolution of Marriage (Form CCDR 19 A-C), an Affidavit in Support of Joint Petition for Simplified Dissolution of Marriage (Form CCDR 19), and a Judgment for Joint Simplified Dissolution of Marriage (Forms CCDR 19 E-F). In Cook County, joint simplified dissolution cases are heard the same day they are filed, and both parties must appear at the hearing.
Illinois Uncontested Divorce Forms and ResourcesIndiana
An uncontested divorce in Indiana is also known as a “divorce with agreement on all issues.” In other words, if the parties are in agreement regarding all issues in the divorce, including the division of property and debts, alimony, child custody, parenting time, and child support, they can pursue this option. The parties must also agree on the grounds for ending the marriage. In an uncontested divorce the most commonly applicable grounds will be irreconcilable differences, though other available grounds in Indiana include felony conviction of one of the spouses after marriage, impotency, and incurable insanity for the past two years.
The procedures you will need to follow to file in an uncontested divorce case in Indiana will vary somewhat depending on which county you file in, but generally speaking, some of the key forms you must file include a Verified Petition for Dissolution of Marriage and Settlement Agreement. You should be sure to select the correct forms packet (“with children” or “without children”) depending on your circumstances. If both parties agree that you do not want to appear in court, you and your spouse can sign and submit a Verified Waiver of Final Hearing.
Indiana Uncontested Divorce Forms and ResourcesIowa
Iowa does not have a separate process for uncontested divorces, but if you and your spouse agree on all issues in the divorce, including how to divide debts and assets, alimony, child support, and child custody, then you do not need to go to trial in order to decide disputed issues. Iowa is a no-fault divorce state, meaning that you do not need to make a specific showing as to why your marriage is ending to get a divorce; it is enough for the relationship to have broken down irretrievably.
Iowa courts have an electronic divorce process for divorcing couples who have no children, otherwise the forms you will use if you and your spouse agree on all issues are the state’s regular divorce forms. Some of the most important papers you will need to file as part of an uncontested case include a Petition for Dissolution of Marriage (Form 201 if you have children, Form 101 if you do not), Financial Affidavits from both parties (Form 224 if you have children, Form 124 if you do not), and a Settlement Agreement for a Dissolution of Marriage (Form 228 if you have children, Form 128 if you do not). Additional forms are required in cases involving children. Depending on the circumstances of your case, the judge may sign your divorce decree without requiring you to appear in court.
Iowa Uncontested Divorce Forms and ResourcesKansas
To get an uncontested divorce in Kansas, you and your spouse must have reached an agreement regarding all matters in your divorce, including how you will divide responsibility for property and debts, issues related to child custody and support, and whether spousal support will be paid to either party and in what amount. You must also agree on the grounds for divorce, which can include one or both spouses being mentally ill, failure to perform a material marital obligation or duty, or incompatibility; the latter will generally be the most applicable choice in an uncontested divorce.
The key documents you will need to file in an uncontested divorce case include a Petition for Divorce, Domestic Relations Affidavit, and Decree of Divorce. If you have children, you will need to complete a Parenting Plan as well as a Child Support Worksheet in order to ensure that your child support agreement is compliant with Kansas child support guidelines. Both parties will typically need to appear at a final divorce hearing.
Kansas Uncontested Divorce Forms and ResourcesKentucky
A couple can get a Kentucky uncontested divorce only if they have been separated for at least 60 days prior to filing. (They can live in the same residence, however, as long as they do not share a bedroom and do not have sexual relations.) Also, a spouse must not be pregnant. The couple must agree on all the major components of their divorce, potentially including child custody and visitation, child support, alimony, and property division. They also must agree on the grounds for their divorce, although the only basis for a divorce in Kentucky is an irretrievable breakdown of the marriage.
The main form for an uncontested divorce in Kentucky is the Certificate of Divorce (VS-300), which must be completed online. Other forms may be handwritten, such as the Civil Summons (AOC-105) and the Case Data Information Sheet (AOC-FC-3). Spouses who have minor children will fill out a different set of forms than spouses who have no minor children. Spouses who live in Jefferson County may need to fill out a distinctive set of forms.
Kentucky Uncontested Divorce Forms and ResourcesLouisiana
To get a Louisiana uncontested divorce, the spouses must agree on child custody and visitation, alimony, child support, property division, tax issues related to their divorce, and any other issues that could be disputed. The spouses also must agree on the reason for the divorce. An uncontested divorce in Louisiana does not need to be a no-fault divorce, but a fault-based divorce is likely to be contested. An uncontested divorce is not available for covenant marriages.
Spouses who have not yet lived separately and apart for 180 days (or 365 days if they have minor children) will file for divorce under Article 102 of the Louisiana Civil Code. Spouses who already have lived separately and apart for 180 days (or 365 days if they have minor children) can file for divorce under Article 103 of the Code. Spouses who file under Article 102 will need to attend a court hearing before the divorce is finalized, whereas spouses who file under Article 103 typically will not. Certain forms must be filed in either process, including a Petition, a Settlement Agreement, a Judgment, and an Acceptance and Waiver of Service, in addition to a Child Support Worksheet and a Parenting Plan if minor children are involved. Other forms are specific to Article 102 or Article 103.
Louisiana Uncontested Divorce Forms and ResourcesMaine
To qualify for a Maine uncontested divorce, the spouses must agree on all the major issues involved in the divorce, as well as the reason for the divorce. Uncontested divorces are usually based on irreconcilable differences, but fault-based uncontested divorces are available. The clerk of court will automatically classify a divorce as an uncontested divorce if the non-filing spouse does not respond to the divorce papers after they are served by the filing spouse. Alternatively, the court will classify a divorce as an uncontested divorce if it finds that there are no issues in dispute at the mandatory preliminary hearing.
Spouses with minor children will file an FM-004 Complaint for Divorce, while spouses without minor children will file an FM-005 Complaint for Divorce. Certain other forms are the same regardless of whether the spouses have minor children, such as the Confidential Family Matter Summary Sheet (FM-002), the Family Matter Summons and Preliminary Injunction (FM-038), and the Acknowledgment of Receipt of Summons and Complaint or Post-Judgment Motion (CV-036). Spouses with minor children will need to file additional documents, such as a Child Support Affidavit (FM-050).
Maine Uncontested Divorce Forms and ResourcesMaryland
A couple typically can get a Maryland uncontested divorce if they have no children, no marital property, and no plans to pay alimony. Alternatively, they can get an uncontested divorce if they sign a separation agreement that addresses any issues involving children, property, or alimony. The court will review any provisions of the agreement related to children to ensure that they are in the children’s best interests. The spouses also must agree on the reason for the divorce, which is usually a no-fault divorce. Maryland provides two grounds for no-fault divorce: mutual consent or continuous separation for at least 12 months. Getting a mutual consent divorce does not require a separation period, but it requires the spouses to sign a settlement agreement.
The spouse who files for the divorce must submit the forms in the circuit court of a county where at least one spouse lives, works, or operates a business. The main form for an uncontested divorce in Maryland is the Complaint for Absolute Divorce (CC-DR-020). Other commonly required forms include a Joint Statement of the Parties Concerning Marital and Non-Marital Property (CC-DR-033) and a Civil Domestic Case Information Report (CC-DCM-001). Spouses with minor children must submit a Parenting Plan or file a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (CC-DR-110).
Maryland Uncontested Divorce Forms and ResourcesMassachusetts
A Massachusetts uncontested divorce is also known as a no-fault 1A divorce, since it is described by Section 1A in Chapter 208 of the Massachusetts General Laws. The only available ground for this type of divorce is an irretrievable breakdown of the marriage. The spouses must complete a signed and notarized separation agreement that covers issues such as child custody, child support, alimony, and marital property. They likely will need to attend a parent education program if they have minor children. The divorce can be filed in a county where either spouse currently lives, unless either spouse is still living in the last place where the couple resided when they were together. In that situation, the divorce must be filed in that county.
To get an uncontested divorce, the spouses will need to file a Joint Petition for Divorce (CJD-101A), and they also must submit a Record of Absolute Divorce (R-408), an affidavit of irretrievable breakdown, a separation agreement, and certain financial disclosures. Spouses who have minor children will need to file an Affidavit Disclosing Care or Custody Proceeding (OCAJ-1 TRC IV) and a Child Support Guidelines worksheet (CJD-304), as well as other forms in some cases.
Massachusetts Uncontested Divorce Forms and ResourcesMichigan
Getting a Michigan uncontested divorce requires the spouses to agree on all the major issues in their divorce, potentially including child custody, child support, alimony, property division, and more. The spouses also must agree on the reason for the divorce. However, Michigan provides only one possible reason for a divorce. This is a breakdown in the marriage relationship that has destroyed the objects of matrimony, such that there is no reasonable likelihood that the marriage can be preserved. The spouses likely can expedite their divorce if the divorce is a default divorce or if they complete a written settlement agreement. A default divorce means that the non-filing spouse does not respond to the papers filed by the filing spouse.
The main forms required for an uncontested divorce in Michigan are the Summons and the Complaint for Divorce. Other required forms include a Record of Divorce or Annulment, a Judgment of Divorce, and potentially a Confidential Case Inventory. Spouses with minor children will need to submit additional forms, such as a Uniform Child Custody Jurisdiction Enforcement Act Affidavit and an Application for IV-D Child Support Services (DHS-1201D).
Michigan Uncontested Divorce Forms and ResourcesMinnesota
A couple can get a Minnesota uncontested divorce through either a summary dissolution or a dissolution by joint petition. A summary dissolution is a simplified process that is available only to couples who have been married for no longer than eight years and who have no minor children, no real estate, no more than $25,000 in marital assets, no more than $25,000 per spouse in non-marital assets, no more than $8,000 in unpaid debts (except for car loans), and no current plans for alimony. Certain other requirements must be met as well. If a couple does not qualify for a summary dissolution, they can get a dissolution by joint petition if they reach an agreement about all the issues in the divorce before filing and then complete the paperwork together. The only available ground for a divorce in Minnesota is the irretrievable breakdown of the marriage.
The required forms for an uncontested divorce in Minnesota depend on whether a couple is pursuing a summary dissolution (DIV202), a dissolution by joint petition without children (DIV302), or a dissolution by joint petition with children (DIV1702). The Minnesota Judicial Branch provides a separate packet for each of these situations, and the couple must complete the paperwork together. Supplementary forms that must be filed include a Certificate of Dissolution for Co-Petitioners (DIV103S) and, for joint petitions, a Notice to Public Authority (DIV813) and an Affidavit of Service to Public Authority (DIV816).
Minnesota Uncontested Divorce Forms and ResourcesMississippi
A Mississippi uncontested divorce is also known as an irreconcilable differences divorce, since it requires the spouses to agree that they are getting a divorce because of irreconcilable differences. To get this type of divorce, the spouses usually will need to submit a joint complaint together. Alternatively, the filing spouse can submit a standard complaint and serve it on the non-filing spouse, or the non-filing spouse can submit a form waiving service. If the spouses do not have minor children, they should agree in writing on issues such as alimony and property division. If the spouses have minor children, this written agreement also should cover issues related to child custody and support. The court will approve the agreement if it is fair.
The main form required for an uncontested divorce in Mississippi is the Joint Bill of Complaint for Divorce. Other forms that are generally required include a Marital Settlement Agreement, financial disclosures, and a Decree of Divorce. Spouses with minor children likely will need to complete additional forms, such as an Affidavit Regarding the Children and a Child Support Computation Worksheet.
Mississippi Uncontested Divorce Forms and ResourcesMissouri
A couple can get a Missouri uncontested divorce through either a default proceeding or a joint petition for divorce. A default proceeding means that the non-filing spouse does not respond to the papers served by the filing spouse, and the case will proceed to an uncontested final hearing. Alternatively, the spouses can complete a joint petition together and attach a written agreement. They must complete a joint petition if one spouse is seeking money from the other spouse. To get either type of uncontested divorce, the spouses must agree that their marriage is irretrievably broken.
The main form required for an uncontested divorce in Missouri is the Petition for Dissolution of Marriage. Other required forms include a Statement of Property and Debt and Proposed Separation Agreement, a Statement of Income and Expenses, and a Judgment of Dissolution of Marriage. Spouses with minor children will need to submit additional forms, such as a Parenting Plan, a Child Support Amount Calculation Worksheet, and a Schedule of Basic Child Support Obligation.
Missouri Uncontested Divorce Forms and ResourcesMontana
There are two ways to get a Montana uncontested divorce: a divorce by default or a joint dissolution. A divorce by default means that the non-filing spouse does not respond to the divorce petition within the required 20-day period. At a final hearing, the court will grant the divorce on the terms sought by the filing spouse if they are fair. A joint dissolution is a more efficient process, in which the spouses prepare the divorce forms together. The only available ground for a divorce in Montana is the irretrievable breakdown of the marriage. This means either that the spouses have been separated for at least 180 days before filing or that serious marital problems have negatively affected at least one spouse’s attitude toward the marriage.
If a couple is pursuing a joint dissolution without minor children, they will need to complete forms such as a Joint Petition for Dissolution Without Children (MP-115), a Financial Disclosure and Proposed Property Distribution form (MP-500), an Income and Expenses form (MP-510), and a Dissolution Decree Without Children (MP-713). A couple pursuing a joint dissolution with minor children will need to complete forms such as a Joint Petition for Dissolution with Minor Children (MP-116), a Proposed Parenting Plan (MP-300), a Dissolution Decree (MP-703), and the financial documents mentioned above.
Montana Uncontested Divorce Forms and ResourcesNebraska
To get a Nebraska uncontested divorce, the spouses must agree that their marriage has irretrievably broken down, such that it cannot be restored. Nebraska does not provide rules for uncontested divorces that are separate from the rules for contested divorces. Essentially, a divorce will be considered uncontested if the spouses agree on all the potentially disputed issues, such as alimony, property division, the division of debts, and child custody and child support. In some cases, the spouses can reach an agreement after filing the initial paperwork, which will turn a contested divorce into an uncontested divorce.
A couple pursuing an uncontested divorce without minor children will need to file forms such as a Complaint for Dissolution of Marriage Without Children (DC 6:4.1), a Decree of Dissolution of Marriage - No Children (DC 6:4.6), and a Vital Statistics Certificate. A couple pursuing an uncontested divorce with minor children will need to file forms such as a Complaint for Dissolution of Marriage With Children (DC 6:5.1), a Decree of Dissolution of Marriage - With Children (DC 6:5.3), a Financial Affidavit for Child Support (DC 6:5.2), a Certificate of Completion of Parenting Education Course (DC 6:5.5), and a Parenting Plan, in addition to the Vital Statistics Certificate mentioned above.
Nebraska Uncontested Divorce Forms and ResourcesNevada
The standard type of Nevada uncontested divorce is known as a summary divorce, which is available if a couple agrees on all the issues in the divorce at the outset. A summary divorce is available on the grounds of separation or incompatibility. Separation means that the spouses have not lived together for at least one year, while incompatibility means that the spouses cannot repair the damage to their relationship. If they have minor children, the spouses must resolve issues related to child custody and child support through a written agreement. If they have community property and debts, they must agree in writing on how to divide them. If they do not provide for alimony in writing, alimony will be waived.
Forms for an uncontested divorce in Nevada generally include a Joint Petition for Divorce, an Affidavit of Resident Witness, and a Decree of Divorce, in addition to a cover sheet and a Confidential Information Sheet. Spouses who have minor children will submit different versions of the Joint Petition for Divorce, the Decree of Divorce, and the Confidential Information Sheet. Slightly different forms may be required in Washoe County and Clark County. For example, Clark County requires spouses with minor children to submit a Seminar for Separating Parents Certificate.
Nevada Uncontested Divorce Forms and ResourcesNew Hampshire
To get a New Hampshire uncontested divorce, the spouses typically will file a joint petition for divorce together. You can file a joint petition with your spouse even if you do not agree on every issue. The court will decide any issues that remain disputed. (This is different from most states, in which filing a joint petition requires total agreement between the spouses.) An uncontested divorce is generally based on the no-fault ground of irreconcilable differences. In theory, a couple could get an uncontested divorce based on fault, but fault-based divorces are likely to be contested. If a couple has minor children, they will need to attend a seminar on the impact of divorce on children.
The main form required for an uncontested divorce in New Hampshire is the Joint Petition for Divorce (NHJB-2058-F). In addition, a couple will need to submit Financial Affidavits completed by each spouse (NHJB-2065-F), a Vital Statistics Form, and a Final Decree on Divorce or Legal Separation (NHJB-2071-F). Certain other forms will be required for certain situations, such as a Uniform Alimony Order (NHJB-3058-F), a Parenting Plan (NHJB-2064-F), a Uniform Support Order (NHJB-2066-FP), and a Child Support Guidelines Worksheet (NHJB-2101-FP).
New Hampshire Uncontested Divorce Forms and ResourcesNew Jersey
A couple can get a New Jersey uncontested divorce if they agree on all the issues related to the divorce, potentially including child custody and visitation, child support, alimony, and the distribution of marital assets and debts. An uncontested divorce can be expedited if the couple meets certain criteria. In addition to agreeing on all the issues above, they must have been married for no more than five years, and they must have signed a property settlement agreement. Spouses usually cite irreconcilable differences as the basis for an uncontested divorce, which means that the marriage has broken down for the last six months. Another no-fault ground of divorce involves separation for at least 18 months before filing. Spouses can also pursue an uncontested divorce in New Jersey based on fault, but this is unusual.
The main forms required for an uncontested divorce in New Jersey are the Summons and the Complaint for Divorce. A couple also will need to file a Family Part Case Information Statement and a Confidential Litigant Information Sheet. In addition, they will need to file various certifications, such as a Certification of Self-Represented Litigant and Dispute Resolution Alternatives and a Certification of Insurance Coverage. A couple can obtain the forms required in their case from Legal Services of New Jersey or their local county courthouse.
New Jersey Uncontested Divorce Forms and ResourcesNew Mexico
To get a New Mexico uncontested divorce, the spouses must agree on matters such as alimony and property division. If they have minor children, they must agree on child custody and visitation and child support. The spouses also must agree on the reason for the divorce, which is known as incompatibility. This means that the spouses cannot get along and will not be able to save the marriage. New Mexico does not allow for uncontested divorces based on fault.
The main form required for an uncontested divorce in New Mexico is the Petition for Dissolution of Marriage (4A-102, or 4A-103 for spouses with minor children). Other required forms include a Marital Settlement Agreement (4A-301) and a Final Decree of Dissolution of Marriage (4A-305, or 4A-306 for spouses with minor children), as well as forms related to community and separate property and debts. Spouses with minor children will need to file certain additional forms, such as a Custody Plan and Order (4A-302) and a Child Support Obligation and Order (4A-303).
New Mexico Uncontested Divorce Forms and ResourcesNew York
A couple can get a New York uncontested divorce if they agree on all the major issues related to the divorce, such as property division, child custody, child support, and spousal maintenance (alimony). While an uncontested divorce may be based on fault, most uncontested divorces in New York are based on the no-fault ground of an irretrievable breakdown lasting for at least six months. This means that the spouses have decided that they do not want to stay married and that they likely will not change their minds and decide to reconcile. An uncontested divorce also may occur if the non-filing spouse fails to participate in the divorce proceedings.
Filing for an uncontested divorce in New York involves submitting forms such as a Verified Complaint (UD-2), an Affidavit of Service (UD-3), a Judgment of Divorce (UD-11), and a Certificate of Dissolution, in addition to various other affidavits and certifications. A couple with minor children may need to submit forms such as a Child Support Worksheet (UD-8(3)) and a Qualified Medical Child Support Order (UD-8b). A couple that has agreed on spousal maintenance will need to submit a Maintenance Guidelines Worksheet (UD-8(2)), and an Annual Income Worksheet (UD-8(1)) must be submitted if either child support or spousal maintenance will be paid.
New York Uncontested Divorce Forms and ResourcesNorth Carolina
A couple can get a North Carolina uncontested divorce if they have been living separately and apart in their own residences for at least one year. They must agree on all the issues in their divorce, such as property division, alimony, child support, and child custody and visitation. The couple can resolve these issues by signing a separation agreement and a property settlement contract. Technically, the filing spouse will need to serve the divorce papers on the non-filing spouse to trigger the waiting period mentioned above, but the non-filing spouse can waive this requirement.
The forms required for an uncontested divorce in North Carolina include a Civil Summons, a Complaint for Absolute Divorce, a Certificate of Absolute Divorce, and a Judgment of Absolute Divorce, among others. A couple also will need to submit their separation agreement and property settlement contract. If a couple has minor children, they will need to submit a Parenting Plan. Certain forms will be submitted at the start of the process, while other forms will be submitted at the hearing that finalizes the divorce.
North Carolina Uncontested Divorce Forms and ResourcesNorth Dakota
A divorce may be granted in North Dakota on the no-fault grounds of irreconcilable differences. North Dakota provides an option for an uncontested divorce, but requires that both parties agree on all issues in the divorce before filing, including child custody, child support, and property division. There are additional conditions that must be met in order to file an uncontested divorce, including that all of the minor children have lived in North Dakota with a spouse for at least the past six months (or since birth); or that within the past six months North Dakota was the home state of all of the children and one spouse still lives in North Dakota.
The Legal Self-Help Center section of the North Dakota Courts’ website contains the necessary forms (including a Summons, Complaint, and Settlement Agreement) as well as detailed instructions for filing an uncontested divorce with or without children. A hearing may be required after the court reviews your filed paperwork. If the court does not require a hearing, the Clerk of Court will send you and your spouse a copy of the final judgment.
North Dakota Uncontested Divorce Forms and ResourcesOhio
Ohio offers an uncontested option for ending your marriage called a “dissolution of marriage.” Conditions that are required to be eligible for a dissolution of marriage include that neither you nor your spouse are pregnant and both parties must agree on all matters related to ending your marriage, including property division, child custody, and child support.
To initiate a dissolution of marriage you and your spouse will need to jointly file a number of documents, including a Petition for Dissolution (Form 14) and Separation Agreement (Form 16). Ohio Legal Help offers an online “Dissolution Form Assistant” that can help you obtain the forms you need to file your case. Both you and your spouse must appear at the final hearing, which should be scheduled not less than 30 days, but no longer than 90 days from the date of your filing. The final hearing may be held before 30 days if you and your spouse have successfully completed a collaborative family law process.
Ohio Uncontested Divorce Forms and ResourcesOklahoma
A divorce (which can be referred to in Oklahoma as a “dissolution of marriage”) may be granted on the no-fault grounds of incompatibility. There are two types of uncontested divorce options in Oklahoma: (1) an “agreed” dissolution, which can utilized if you and your spouse do not contest the issues in the divorce, including property division, child custody, and child support; and (2) a “default” dissolution, which is available when the party that is served does not file a response within 20 days. The default dissolution option is only available if there are no minor children, whereas the agreed dissolution option can be used whether or not there are minor children.
To initiate your divorce case you will need to file a number of documents, including a petition for dissolution of marriage. In cases where there are no minor children and you and your spouse agree on all issues, you should include a Waiver of Service signed by the other party (Respondent). You can then request an agreed dissolution after a 10-day waiting period. In cases where there are minor children, part of the process to obtain an uncontested divorce based on incompatibility will require you and your spouse to attend an educational program concerning the impacts of divorce on children.
Oklahoma Uncontested Divorce Forms and ResourcesOregon
Oregon is a no-fault state and a divorce (referred to as a “dissolution of marriage” in the state) may be granted on the grounds of irreconcilable differences. You can obtain an uncontested divorce if you and your spouse agree on all issues in the divorce, including issues of child custody and visitation, child support, and property division, or by default if the other party doesn’t respond to the filing.
To initiate your divorce case you will need to file a number of documents, including a Petition for Dissolution of Marriage/RDP and a Confidential Information Form. You can choose to jointly file the petition as co-petitioners if you and your spouse agree on all issues in the divorce. If there are children involved, you must also file a certificate regarding pending child support proceedings and existing support orders, as well as a Uniform Child Custody Jurisdiction and Enforcement Act declaration. Note that many counties in Oregon also require parents to complete a parent education class before a judgment can be entered in cases involving child custody and parenting time.
Oregon Uncontested Divorce Forms and ResourcesPennsylvania
A divorce may be granted in Pennsylvania on the no-fault grounds that the marriage is irretrievably broken. If you and your spouse agree on all issues in the divorce, including issues of child custody and visitation, child support, and property division, you can obtain an uncontested divorce called a divorce by “mutual consent.” This type of divorce may also be referred to as a “3301(1)(c)” divorce.
The forms needed to initiate a divorce by mutual consent include a Notice to Defend and Divorce Complaint (Form 1). The Unified Judicial System of Pennsylvania website contains forms and instructions for divorce by mutual consent. You should also contact your county court for further instructions that may be required to file and complete your case.
Pennsylvania Uncontested Divorce Forms and ResourcesRhode Island
A divorce may be granted in Rhode Island on the no-fault grounds of irreconcilable differences, or if the parties have lived separately and apart from each other for at least three years. Divorces in Rhode Island are resolved on one of two tracks: “contested” or “nominal.” If you want an uncontested divorce, you should indicate that you want your case on the nominal track when filing. You and your spouse must be in agreement on all issues in the divorce, including issues of child custody, child support, and property division in order to receive a nominal divorce.
To initiate a divorce you need to file forms including a Complaint for Divorce or Divorce From Bed and Board, Statement Listing Children, and form DR-6/Financial Statement. You will need to attend a nominal divorce hearing, which will be scheduled approximately 65-75 days after you file for divorce. A divorce decision made at the nominal divorce hearing can become final after the applicable waiting period.
Rhode Island Uncontested Divorce Forms and ResourcesSouth Carolina
A divorce may be granted in South Carolina on the no-fault grounds of the spouses living separately and apart without cohabitation for a period of one year. If you will be pursuing a divorce on this basis you can proceed with a “simple divorce” if all the following criteria are met: (1) both parties have no marital property or marital debt OR have reached an agreement on how to divide the marital property or marital debt; and (2) both parties have no children AND none are expected, OR have minor children and have reached an agreement as to custody, visitation, and child support that meets the minimum requirements as set by the South Carolina Child Support Guidelines.
To initiate a simple divorce you need to file five forms in Family Court: the Family Court Coversheet (SCCA 467), Certificate of Exemption (SCRFCFORM02), Summons for Divorce (SCCA 400.01 SRL-DIV), Complaint for Divorce (SCCA 400.02 SRL-DIV), and Financial Declaration Form (SCCA 430). You will need to attend a hearing for your case and a judge can issue a final order for divorce at the end of the hearing.
South Carolina Uncontested Divorce Forms and ResourcesSouth Dakota
A divorce may be granted in South Dakota on the no-fault grounds of irreconcilable differences. If you and your spouse agree on all terms of the divorce, including issues of child custody, child support, and property division, you can obtain a “stipulated divorce.” South Dakota also provides an option for a “default divorce” when the defendant does not file an Answer or respond within 30 days of service and does not cooperate with the Stipulation and Settlement Agreement.
The Legal Self-Help section of the South Dakota Unified Judicial System website contains the necessary forms (including a Summons, Complaint, and Financial Affidavit) and detailed instructions for filing your divorce case. The website also includes an interactive "Guide and File Program" that can assist you in completing the forms to start a divorce proceeding. Additional forms that need to be completed for a stipulated divorce include the Stipulation and Settlement Agreement and the Affidavit as to Jurisdiction and Grounds for Divorce.
South Dakota Uncontested Divorce Forms and ResourcesTennessee
A divorce may be granted in Tennessee on the no-fault grounds of irreconcilable differences. If you and your spouse agree on all terms of the divorce, including issues of alimony, child support, and property division, you may be able to obtain an “agreed divorce.” Additional conditions that must be met in order to proceed with an agreed divorce include: (1) one or both spouses have lived in Tennessee for at least the past six months OR you both lived in Tennessee when you decided to divorce; (2) neither spouse is pregnant; and (3) you don’t own buildings or land or a business together or have retirement benefits.
The Tennessee State Courts website contains the necessary forms (including the Request for Divorce and Spouses’ Personal Information form) and detailed instructions for filing and completing an agreed divorce with or without children. You should file your agreed divorce case in the county where your spouse currently lives or in the county where you and your spouse lived when you separated.
Tennessee Uncontested Divorce Forms and ResourcesTexas
A divorce may be granted in Texas on any of the following no-fault grounds: (1) the marriage has become “insupportable” (similar to the concept of “irreconcilable differences”), (2) if the spouses have lived apart without cohabitation for at least three years, or (3) specific conditions pertaining to a spouse being confined in a mental hospital. You can obtain an uncontested divorce in Texas either by agreement, meaning that you and your spouse agree on all terms of the divorce, including issues of child custody, child support, and property division, or by default from your spouse during the divorce case.
The forms you must file to initiate your divorce include the Original Petition for Divorce. The TexasLawHelp website contains detailed instructions and the necessary forms for filing and completing an uncontested divorce either by agreement or default, in cases where there are no children or if you and your spouse have children.
Texas Uncontested Divorce Forms and ResourcesUtah
A divorce may be granted in Utah on the no-fault grounds of irreconcilable differences or when the spouses have lived separately under a decree of separate maintenance (alimony) of any state for three consecutive years without cohabitation. If you and your spouse agree on all terms of the divorce, including issues of alimony, child support, and property division, you can obtain an uncontested divorce by filing a Stipulation.
The Utah Courts offer an interactive online service called the Online Court Assistance Program (OCAP) to assist you in preparing the forms necessary to file your divorce case. If you and your spouse agree on the terms of the divorce you can also use OCAP to prepare the necessary documents, including the Stipulation. If you and your spouse have minor children together, both of you must attend a divorce orientation class and a divorce education class before the divorce will be granted (this requirement can be waived in certain circumstances).
Utah Uncontested Divorce Forms and ResourcesVermont
Vermont allows a no-fault divorce if you and your spouse have lived separate and apart for at least six consecutive months and are not likely to reunite. Living “separate and apart” means not living as a couple, and it is possible to do this while living in the same home (you need to sleep in separate rooms and keep your households separate). You can file for a “Stipulated Divorce” for a reduced filing fee if you and your spouse agree on all of the issues in your divorce, including property division, child support, and child custody.
You should file your divorce case in the family division of the Superior Court of the county where either you or your spouse resides. The forms you must file to initiate a Stipulated Divorce include an Information (Cover) Sheet (Form 800) and Complaint for Divorce/Legal Separation/Dissolution (Form 400-00836 with Children or Form 400-00836 without Children). The Vermont Judiciary’s website contains forms and instructions for a Stipulated Divorce and CourtFormPrep, an interactive online tool from Vermont Legal Help, is available to help you complete many of the divorce forms.
Vermont Uncontested Divorce Forms and ResourcesVirginia
You can obtain an uncontested no-fault divorce in Virginia if you and your spouse have lived separate and apart without any cohabitation and without interruption for one year, or six months if you and your spouse have a separation agreement and there are no minor children. These time periods must be met prior to filing your case.
To initiate a divorce case you must file a number of documents, including a complaint. VALegalAid offers an interactive online tool that you can use to generate the necessary court pleadings and forms to file for a no-fault divorce. Even if your case is uncontested, you will need to provide evidence during the process of your divorce case. If you and your spouse agree on all the terms of the divorce, including property division, child custody, and child support, you may be able to submit this evidence by affidavit instead of by deposition or having to appear before a judge.
Virginia Uncontested Divorce Forms and ResourcesWashington
Washington is solely a no-fault state for divorce (sometimes referred to as “dissolution”), and to file a case it is sufficient for one spouse to indicate that the marriage is irretrievably broken (known as “irreconcilable differences”). If you and your spouse agree on all terms of the divorce, including issues of alimony, child support, and property division, you can obtain an uncontested divorce.
The Washington Courts website contains the forms and detailed instructions for filing and completing a divorce. Forms that must be filed when initiating a divorce case include the Petition for Divorce (FL Divorce 201) and Confidential Information form (FL All Family 001). For an uncontested divorce the other spouse should join the divorce petition by completing the appropriate section of the form.
Washington Uncontested Divorce Forms and ResourcesWest Virginia
A divorce may be granted in West Virginia on the no-fault grounds of irreconcilable differences or when the parties have lived separate and apart without any cohabitation and without interruption for one year. To obtain a divorce on the grounds of irreconcilable differences the following conditions must be met: (1) the divorce petition must claim irreconcilable differences as a ground, (2) the respondent must file an answer to the divorce Petition, and the answer must admit irreconcilable differences, and (3) at least one of the spouses must attend the final hearing.
The West Virginia Judiciary website contains the forms and detailed instructions for filing and completing a divorce with children or without children. Forms that must be filed when initiating a divorce case include the Petition for Divorce (SCA-FC-101), Petitioner's Civil Case Information Statement (SCA-FC-103), Vital Statistics Form (SCA-FC-104), and Financial Statement (SCA-FC-106).
West Virginia Uncontested Divorce Forms and ResourcesWisconsin
Wisconsin is a no-fault divorce state and only one spouse must testify under oath that they believe that the marriage is irretrievably broken. If you and your spouse agree on all issues pertaining to the divorce, including child custody, child support, and property division, you can obtain an uncontested divorce by filing a Joint Petition.
A divorce case should be filed in the circuit court of the county where you currently reside. To initiate an uncontested divorce you should file either a Joint Petition with Minor Children (Form FA-4110V) or Joint Petition without Minor Children (Form FA-4111V), as well as a Confidential Petition Addendum (Form GF-179). Neither party can marry again for a period of six months after your divorce is finalized.
Wisconsin Uncontested Divorce Forms and ResourcesWyoming
A divorce may be granted in Wyoming on the no-fault grounds of irreconcilable differences in the marital relationship. For an uncontested divorce, the parties must agree on all issues in the divorce, including child custody, child support, and property division.
A divorce case should be filed in the district court of the county where either you or your spouse resides. To initiate the divorce process you must file either a Complaint for Divorce with Children (Form DWCP 7) or a Complaint for Divorce no Children (Form DNCP 7). Other forms that must be filed with the divorce complaint are the Civil Cover Sheet and Vital Statistics form. The Wyoming Judicial Branch website contains forms and detailed instructions for filing and completing an uncontested divorce.
Wyoming Uncontested Divorce Forms and ResourcesLast reviewed October 2022
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