Uncontested Divorce Laws and Forms: 50-State Survey

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

Residency Requirements: At least one of the parties must be a resident of Alabama for a minimum of six months, and the county in which the case is filed must have personal jurisdiction over at least one of the parties.
Cost to File: Filing fees vary by county, but can range from roughly $225 to $325 or more.
Minimum Waiting Period: You must wait at least 30 days after filing your divorce papers for the judge to sign your divorce decree.

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 Resources

Do It Yourself Forms, Alabama Administrative Office of the Courts

Alaska

Residency Requirements: You or your spouse must be an Alaska resident, meaning that you currently live there and intend to remain there for the foreseeable future. If you have children together who are 18 or younger, the children must be currently living in Alaska, and have lived in the state for at least six months.
Cost to File: $250
Minimum Waiting Period: It will generally take at least 30 days after you file for divorce for a judge to grant your dissolution.

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 Resources

Arizona

Residency Requirements: At least one of the spouses must have been a resident of Arizona for a minimum of 90 days, and for couples with children, at least one spouse must currently live in Arizona and have been there for six months.
Cost to File: The Arizona Superior Court system lists $234 as the cost of filing a petition for dissolution of marriage, though costs in individual counties vary.
Minimum Waiting Period: At least 60 days from the date the complaint is served.

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 Resources

Arkansas

Residency Requirements: You or your spouse must have lived in Arkansas for at least 60 days, and you must be able to prove that you are not living together to obtain an uncontested divorce from an Arkansas court.
Cost to File: Approximately $165 in most counties.
Minimum Waiting Period: There is a 30-day waiting period before the court can schedule your divorce hearing once it receives your complaint.

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 Resources

California

Residency Requirements: At least one of the spouses must have been a California resident for six months, and a resident of the county where the dissolution is filed for three months.
Cost to File: $435
Minimum Waiting Period: Six months once all required paperwork has been filed.

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 Resources

For Married Couples - California Courts

Colorado

Residency Requirements: At least one of the parties must have lived in Colorado for 91 days or more. Any children of the marriage must have resided in Colorado for at least 182 days, or since birth if they are younger than six months of age.
Cost to File: The filing fee is $230, though additional amounts may apply.
Minimum Waiting Period: 91 days after the affidavit for decree is filed.

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 Resources

Connecticut

Residency Requirements: At least one of the spouses must have lived in Connecticut for a minimum of 12 months.
Cost to File: The cost to file the initial Divorce Complaint is $350, but additional fees may apply.
Minimum Waiting Period: After your divorce case begins, you must wait at least 90 days before receiving a judgment.

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 Resources

Delaware

Residency Requirements: At least one of the spouses must have lived or been stationed as a member of the military in Delaware for a minimum of six months.
Cost to File: $165, though additional fees may apply.
Minimum Waiting Period: A Delaware court will only grant a divorce to couples that have been separated for a minimum of six months, except in cases involving misconduct, which do not require a specific waiting period.

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 Resources

District of Columbia

Residency Requirements: At least one of the spouses must have been a resident of D.C. for six months before the date of the divorce filing.
Cost to File: $80
Minimum Waiting Period: A D.C. divorce is not final until 30 days after the judgment is signed unless the waiting period is waived by both parties.

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 Resources

Florida

Residency Requirements: At least one spouse must have lived in Florida for a minimum of six months to file for divorce there.
Cost to File: The filing fee is approximately $410, though the amount can vary by location, and additional fees may apply.
Minimum Waiting Period: In most cases the court must wait at least 20 days after the petition is filed to grant a divorce.

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 Resources

Family Law Forms - Florida Courts

Georgia

Residency Requirements: At least one of the spouses must have lived in Georgia for at least six months to obtain a divorce there.
Cost to File: Approximately $200, though amounts may vary.
Minimum Waiting Period: A divorce can be granted 31 days after all filings are submitted to the court and complete.

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 Resources

Family Law Forms, GeorgiaLegalAid.org

Hawaii

Residency Requirements: At least one of the spouses must have been residing or physically present in Hawaii for six months, and the filing party must have been living for three months on the island or in the family court circuit in which the divorce case is filed.
Cost to File: The filing fee for a divorce case is approximately $200 without children, and $250 with children, though amounts and surcharges can vary.
Minimum Waiting Period: After a divorce case is filed, there is no waiting period before the parties can receive a judgment.

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 Resources

Divorce Forms, Hawaii State Judiciary

Idaho

Residency Requirements: You must have lived in Idaho for at least six weeks before filing for divorce there.
Cost to File $207
Minimum Waiting Period: An uncontested divorce will only be granted after 21 days have passed since the non-filing spouse was served with the divorce petition.

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 Resources

Divorce Forms, Court Assistance Office, State of Idaho Judicial Branch

Illinois

Residency Requirements: At least one of the parties must have lived in Illinois for at least 90 days before filing for divorce.
Cost to File: The filing fees for joint simplified dissolution vary by circuit court, and generally range from about $300 - $350, though additional costs such as appearance fees can increase this amount significantly. Check with your local circuit court to find out the exact amount that may apply in your case.
Minimum Waiting Period: Illinois does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Indiana

Residency Requirements: One of the spouses must have lived in Indiana for at least six months, and lived in the county where the divorce case is filed for at least three months.
Cost to File: Fees vary by county, but are often in the range of $140 - $200.
Minimum Waiting Period: A divorce can be finalized 60 days after the case is filed.

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 Resources

Divorce Forms, Indiana Legal Help

Iowa

Residency Requirements: The spouse filing for divorce must have lived in Iowa for one year unless the non-filing spouse lives in Iowa and is personally served.
Cost to File: The initial filing fee is $185, but additional fees will apply as the case progresses, including a $50 final decree fee.
Minimum Waiting Period: An Iowa court can grant a divorce 90 days after the non-filing spouse is served with dissolution of marriage papers.

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 Resources

Kansas

Residency Requirements: The party filing for divorce or their spouse must have lived in Kansas for at least 60 days.
Cost to File: Approximately $175, though additional fees may apply.
Minimum Waiting Period: 60 days after the divorce petition is filed.

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 Resources

Kentucky

Residency Requirements: A couple can get a divorce in Kentucky if either spouse has been a resident of Kentucky for at least 180 days before filing.
Cost to File: The standard filing fee is $113, but it may vary somewhat by county.
Minimum Waiting Period: Kentucky imposes a 60-day waiting period before a divorce can be finalized if the spouses have minor children. No waiting period applies to spouses without minor children.

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 Resources

Self-Help Divorce Options for Kentucky Residents, Legal Aid Network of Kentucky

Louisiana

Residency Requirements: A couple can get a divorce in Louisiana if either spouse has been a resident of Louisiana for at least one year before filing.
Cost to File: The cost of filing for a divorce varies significantly from parish to parish, but filing fees generally range between about $200 and about $400.
Minimum Waiting Period: There is no waiting period if the spouses have already lived separately and apart for 180 days (with no minor children) or 365 days (with minor children). Otherwise, the spouses must live separately and apart for 180 days (with no minor children) or 365 days (with minor children) after the petition is served on the non-filing spouse.

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 Resources

Basic Divorce Information and Online Forms for Louisiana, Legal Education and Assistance Program, State Bar of Louisiana

Maine

Residency Requirements: A couple can get a divorce in Maine if the filing spouse has been a resident of Maine for at least six months, or if the non-filing spouse is a resident of Maine. Alternatively, a couple can get a divorce in Maine if the filing spouse is a resident of Maine, and either the marriage occurred in Maine or the cause of the divorce arose while the couple was living in Maine.
Cost to File: The standard fee to file for a divorce in Maine is $120, although there may be additional fees related to service of process.
Minimum Waiting Period: Maine imposes a 60-day waiting period before a divorce is finalized.

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 Resources

Maryland

Residency Requirements: A couple can get a divorce in Maryland if either spouse is currently living in Maryland, and the cause of the divorce arose there. Alternatively, a couple can get a divorce in Maryland if either spouse has been a resident of Maryland for at least one year before the divorce is filed.
Cost to File: The standard fee to file for a divorce in Maryland is $165, but additional fees may apply in some cases.
Minimum Waiting Period: Maryland does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Family Law Court Forms, Maryland Courts

Massachusetts

Residency Requirements: A couple can get a divorce in Massachusetts if either spouse is currently living in Massachusetts, and the cause of the divorce arose there. Alternatively, a couple can get a divorce in Massachusetts if either spouse has lived in the state for at least one year before the divorce is filed. A divorce also may be granted if the spouses have lived together as a married couple in Massachusetts at any time, and the cause of the divorce arose there. Finally, a divorce may be granted if the spouses lived together as a married couple in Massachusetts before the cause of the divorce arose, and either spouse was living in Massachusetts when the cause arose.
Cost to File: The standard fee to file for a divorce in Massachusetts is $200, plus a $15 surcharge.
Minimum Waiting Period: Massachusetts imposes a 30-day waiting period after filing for a divorce before the judge can grant the divorce. This is followed by a 90-day waiting period before the divorce becomes final.

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 Resources

Guide: Get a No-Fault 1A Divorce, Massachusetts Probate and Family Court

Michigan

Residency Requirements: A couple can get a divorce in Michigan if either spouse has been a resident of Michigan for at least 180 days before filing. In most cases, at least one spouse must have lived in the county where the divorce is filed for at least 10 days before filing.
Cost to File: The fee to file for a divorce in Michigan ranges from about $150 and about $250, depending on the county and on whether the couple has minor children.
Minimum Waiting Period: The waiting period after filing for a divorce in Michigan is 60 days if a couple has no minor children, and 180 days if a couple has minor children.

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 Resources

Minnesota

Residency Requirements: A couple can get a divorce in Minnesota if either spouse has been a resident of Minnesota for at least 180 days before filing.
Cost to File: The standard fee to file for a divorce in Minnesota is $400, although this may vary somewhat by county.
Minimum Waiting Period: Minnesota does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Divorce/Dissolution Forms, Minnesota Judicial Branch

Mississippi

Residency Requirements: A couple can get a divorce in Mississippi if either spouse has been a resident of Mississippi for at least six continuous months before filing.
Cost to File: The standard fee for filing divorce forms in Mississippi is about $52, but the fee varies by county, and a spouse may need to pay additional fees for items like service of process.
Minimum Waiting Period: Mississippi imposes a 60-day waiting period before a divorce is finalized.

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 Resources

Missouri

Residency Requirements: A couple can get a divorce in Missouri if either spouse has been a resident of Missouri for at least 90 days before filing.
Cost to File: The average cost of filing for a divorce in Missouri is about $160, but fees vary by county.
Minimum Waiting Period: Missouri imposes a 30-day waiting period before a divorce is finalized.

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 Resources

Missouri Divorce Forms, US Legal Forms ($)

Montana

Residency Requirements: A couple can get a divorce in Montana if either spouse has been a resident of Montana for at least 90 days before filing. However, if you have minor children, these children must have lived in Montana for at least six months before you can file the papers.
Cost to File: The average cost to file for a divorce in Montana is about $200, plus an additional fee to finalize the divorce.
Minimum Waiting Period: Montana does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Forms: Divorce, Dissolution, Legal Separation, and Annulment, Montana Judicial Branch

Nebraska

Residency Requirements: A couple can get a divorce in Nebraska if either spouse has been a resident of Nebraska for at least one year before filing.
Cost to File: The standard filing fee for a divorce in Nebraska is $158, but fees may vary in some cases.
Minimum Waiting Period: Nebraska imposes a 60-day waiting period before a divorce is finalized.

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 Resources

Nevada

Residency Requirements: A couple can get a divorce in Nevada if either spouse has been a resident of Nevada for at least six weeks before filing.
Cost to File: The standard cost to file a joint petition for divorce in Nevada is about $300, but it varies by county.
Minimum Waiting Period: Nevada does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

New Hampshire

Residency Requirements: A couple can get a divorce in New Hampshire if both spouses are residents of New Hampshire. Alternatively, a couple can get a divorce in New Hampshire if the filing spouse has been a resident of New Hampshire for at least one year before filing, or if the filing spouse is a resident of New Hampshire and can serve the papers on the non-filing spouse in New Hampshire.
Cost to File: The standard filing fee for a divorce in New Hampshire is about $250, although it may be slightly greater if a couple has minor children.
Minimum Waiting Period: New Hampshire does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Divorce/Parenting Forms, New Hampshire Judicial Branch

New Jersey

Residency Requirements: A couple can get a divorce in New Jersey if either spouse has been a resident of New Jersey for at least one year before filing.
Cost to File: The basic filing fee for a divorce in New Jersey is about $300, but additional costs may apply in some cases.
Minimum Waiting Period: New Jersey does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

New Mexico

Residency Requirements: A couple can get a divorce in New Mexico if either spouse has been a resident of New Mexico for at least six months before filing, and either spouse is domiciled in New Mexico. This requires an intent to continue living in New Mexico for the foreseeable future. Moreover, if a couple has minor children, the children also must have lived in New Mexico for at least six months before the divorce is filed, and they must currently live in New Mexico.
Cost to File: The fee to file for a divorce in New Mexico often ranges between about $135 and about $155, but it varies by county.
Minimum Waiting Period: New Mexico imposes a 30-day waiting period before a divorce is finalized, but the spouses can waive the waiting period if they have no minor children.

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 Resources

Divorce Forms, New Mexico Courts

New York

Residency Requirements: A couple can get a divorce in New York if either spouse has been a resident of New York for at least two continuous years before filing. Alternatively, a couple can get a divorce in New York if either spouse has been a resident of New York for at least one uninterrupted year before filing, and either the spouses got married in New York, the spouses lived in New York as a married couple, or the cause of the divorce arose in New York.
Cost to File: The standard filing fee for a divorce in New York is $335, although it may be greater in some cases.
Minimum Waiting Period: New York does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Uncontested Divorce Forms, New York State Unified Court System

North Carolina

Residency Requirements: A couple can get a divorce in North Carolina if either spouse has been a resident of North Carolina for at least six months before filing.
Cost to File: The basic filing fee for a divorce in North Carolina is $75, but supplemental fees usually will apply.
Minimum Waiting Period: North Carolina imposes a 30-day waiting period before a divorce is finalized.

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 Resources

North Dakota

Residency Requirements: The plaintiff must have been a resident of North Dakota for at least six months before starting the divorce, or must have been a resident of North Dakota for six months immediately before the District Court grants the judgment of divorce.
Cost to File: $80
Minimum Waiting Period: North Dakota does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Divorce Forms, North Dakota Court System

Ohio

Residency Requirements: For a dissolution of marriage at least one spouse must have been a resident of the state for at least six months immediately before filing the case.
Cost to File: For a dissolution of marriage fees will vary by county, but are approximately $150 - $350.
Minimum Waiting Period: There is a minimum 30-day period from the filing of a dissolution of marriage case until a final hearing is scheduled (with limited exceptions).

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 Resources

Oklahoma

Residency Requirements: At least one spouse must have been a resident of Oklahoma for six months immediately preceding the filing of the case.
Cost to File: Fees will vary by county, but are approximately $175 - $250.
Minimum Waiting Period: If there are minor children, the court shall not issue a final order for divorce for at least 90 days from the date of filing, though this period can be waived if certain conditions are met. If there are no minor children, there is a minimum waiting period of 10 days after the date of filing.

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 Resources

Oregon

Residency Requirements: At least one spouse must be a resident of or be domiciled in Oregon at the time the case is filed, and continuously for a period of six months prior to filing the case.
Cost to File: $301
Minimum Waiting Period: After a divorce case is filed there is no required waiting period before the parties can receive a judgment.

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 Resources

Pennsylvania

Residency Requirements: At least one spouse must have been a resident of Pennsylvania for at least six months prior to filing the divorce case.
Cost to File: Fees will vary by county, but are approximately $200 - $300.
Minimum Waiting Period: For a “mutual consent” divorce there is a 90-day waiting period that begins after the other spouse is served with the divorce complaint.

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 Resources

Divorce Proceedings, The Unified Judicial System of Pennsylvania

Rhode Island

Residency Requirements: At least one spouse must be a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the divorce complaint.
Cost to File: The standard filing fee is approximately $160.
Minimum Waiting Period: There is a minimum three-month period between the date of a decision by a family court judge and when a divorce becomes final, unless a divorce is based on the parties living separate and apart for three years, in which case the waiting period is a minimum of 20 days.

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 Resources

South Carolina

Residency Requirements: To file for divorce, one of the following conditions must be met: (1) you have lived in South Carolina for at least one year prior to filing; (2) you are a resident of another state, but your spouse has lived in South Carolina for at least one year prior to filing; or (3) you and your spouse both live in South Carolina and you have lived in South Carolina for at least three months prior to filing.
Cost to File: $150
Minimum Waiting Period: South Carolina does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Self-Represented Litigant Simple Divorce Packets, South Carolina Judicial Branch

South Dakota

Residency Requirements: You must be a resident of the state at the time of filing for divorce.
Cost to File: $95
Minimum Waiting Period: A divorce cannot be finalized until at least 60 days have elapsed from the date that the other spouse is served with the summons and divorce complaint.

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 Resources

Tennessee

Residency Requirements: One of the following residency-related requirements must be met for a divorce to be granted: (1) the acts complained of in the divorce filing were committed while the plaintiff was a resident of Tennessee, or (2) the acts complained of were committed out of state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six months preceding the filing of the divorce complaint.
Cost to File: Fees will vary by county, but are approximately $180 - $400.
Minimum Waiting Period: If the parties have no unmarried child under 18 years of age there is a minimum period of 60 days from the date of filing before a divorce can be finalized. If the parties have an unmarried child under 18 years of age there is a minimum period of 90 days from the date of filing before a divorce can be finalized.

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 Resources

Texas

Residency Requirements: At the time the suit is filed either you or your spouse must have been a domiciliary of Texas for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period.
Cost to File: Fees will vary based on where you file, but are approximately $300.
Minimum Waiting Period: With limited exceptions, a court may not grant a divorce before the 60th day after the date the divorce case was filed.

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 Resources

Utah

Residency Requirements: To get divorced in Utah you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. If custody of a minor child is an issue, the child must reside with at least one of the parents in Utah for at least six months (with limited exceptions).
Cost to File: $325 (as of July 1, 2020).
Minimum Waiting Period: There must be at least 30 days between the date the divorce petition is filed and the date a hearing for decree of divorce may be held. Either party can ask that the waiting period be waived, but they must show the court that extraordinary circumstances exist.

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 Resources

Vermont

Residency Requirements: To file for divorce, you or your spouse must be a resident of Vermont for six months. One of you must have lived continuously in Vermont for at least a year before the final divorce or dissolution hearing.
Cost to File: $90 - $295
Minimum Waiting Period: There is a three-month waiting period after the final hearing before the divorce is final. This is known as the “nisi period” and the judge may shorten or waive this time period upon request of the parties. In addition, for a divorce with minor children, the court usually won't schedule the final divorce hearing until six months after the divorce starts.

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 Resources

Virginia

Residency Requirements: You or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.
Cost to File: Fees will vary by county, but are approximately $80 - $125.
Minimum Waiting Period: For a no-fault divorce there are specific time periods that must be met prior to filing (see below). Once a no-fault case is filed there are no additional mandatory waiting periods.

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 Resources

Washington

Residency Requirements: You or your spouse must be a resident of the state.
Cost to File: $314
Minimum Waiting Period: There is a minimum 90-day waiting period to finalize a divorce in Washington; specifically, the summons and petition must be filed with the court and served upon the other spouse for more than 90 days before a judge can sign a dissolution decree and end the marriage.

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 Resources

West Virginia

Residency Requirements: You can file for divorce if you or your spouse have lived in West Virginia for at least one year before the divorce is filed, or if you now live in West Virginia and you and your spouse were married in West Virginia.
Cost to File: $135
Minimum Waiting Period: West Virginia does not impose a mandatory waiting period before a divorce is finalized.

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 Resources

Wisconsin

Residency Requirements: Either you or your spouse must be a Wisconsin resident for at least six months immediately before the date the divorce action is filed, and must be a resident of the county in which you are filing for divorce for at least the 30 days immediately before the date you file.
Cost to File: Fees will vary based on where you file, but are approximately $175 - $200.
Minimum Waiting Period: There is a minimum 120-day waiting period from the date that both parties are notified of a divorce action before it can be finalized (with limited exceptions).

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 Resources

Circuit Court Forms: Family - Pre-Judgment, Wisconsin Court System

Wyoming

Residency Requirements: To file for divorce, either (1) you or your spouse must have lived in Wyoming for at least 60 days immediately before you file, or (2) you must have been married in Wyoming and you or your spouse must have lived in Wyoming ever since.
Cost to File: Fees will vary based on where you file, but are approximately $85 - $110.
Minimum Waiting Period: There is a minimum 20-day period from the date a divorce complaint is filed before it can be finalized.

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 Resources

Court Self-Help Forms, Wyoming Judicial Branch

Last reviewed October 2022

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