Requirements for an uncontested divorce in the United States in 2026

An uncontested divorce is the simplest and most affordable way to legally end a marriage in the United States. It applies when both spouses agree on all key issues — property division, debt, spousal support, child custody and child support — before filing any paperwork with the court.

Because family law is governed at the state level, the exact forms, fees and timelines vary by state and sometimes by county. The steps below reflect the general federal framework and the most common state-level requirements. Always check with the family court clerk in the county where you file for the rules that apply to your specific situation.

What this procedure is and what it’s for

An uncontested divorce is a court-supervised legal process that dissolves a valid marriage when both parties agree on all terms. It is faster and less expensive than a contested divorce because no trial or extended litigation is required.

It applies to married couples who:

Have reached a written agreement on property, debts, and — if applicable — child custody, visitation and support.
Meet the residency requirement of the state where they file (typically 6 months, but it ranges from 60 days in Alaska to 1 year in some states).

The procedure is handled by the family court (also called superior court or circuit court, depending on the state) in the county where at least one spouse lives. There is no single federal agency that processes divorces; jurisdiction belongs entirely to state courts.

Documents required

The documents listed below are required in most states. Confirm the exact list with your county family court clerk or the court’s official website.

Petition for dissolution of marriage (original, signed by the filing spouse; some courts require notarization)
Summons (issued by the court or included in the filing packet)
Marital settlement agreement (original, signed by both spouses and notarized — this document details the division of assets, debts and, if relevant, custody arrangements)
Proof of residency — a driver’s license, state ID, utility bill or lease agreement showing you meet the state’s residency requirement
Marriage certificate — typically a certified copy issued by the vital records office of the state where you married; an apostille may be required if the certificate was issued outside the United States
Financial disclosure forms — each spouse must separately declare income, assets and debts (required in most states)
Parenting plan or custody agreement (original, notarized) — required only if the couple has minor children
Child support worksheet — required in all states when minor children are involved; the formula is set by state law
Proof of service — documentation showing the non-filing spouse was formally served with the divorce papers (waived if the other spouse signs an acceptance of service)

If any document was issued in a language other than English, a certified translation is required. Foreign marriage certificates must generally be accompanied by a certified translation and, depending on the country of origin, an apostille.

Steps to complete the procedure

Check residency eligibility. Confirm that you or your spouse meet your state’s minimum residency requirement before filing.
Prepare and complete the filing packet. Download the official divorce forms from your state or county court’s website. Many courts provide self-help packets for uncontested cases. Fill out every form completely — blank fields are a common reason for rejection.
Sign and notarize required documents. The marital settlement agreement and, in most states, the petition itself must be notarized. Both spouses must sign the settlement agreement before filing.
File with the family court clerk. Bring the originals plus at least two copies to the family court clerk’s office in your county. Some states allow e-filing through the court’s online portal. An appointment is not always required, but check your local court’s policy.
Serve the other spouse. Unless your spouse signs a waiver of service, you must formally serve them the filed documents through a process server, sheriff’s office or certified mail (rules vary by state).
Wait out the mandatory waiting period. Most states impose a mandatory waiting period after filing — commonly 30 to 90 days — before a judge can sign the final decree.
Attend a final hearing (if required). Some states finalize uncontested divorces by a judge reviewing the paperwork without a hearing. Others require a brief, in-person or virtual appearance. Ask your clerk which applies.
Receive the final divorce decree. Once the judge signs, the clerk records the decree. Request certified copies for your records — you will need them to update financial accounts, Social Security records and property titles.

Fees and timelines

Filing fee: Typically $100–$400, depending on the state and county. Some courts charge additional fees for service of process or document certification.
Fee waivers: Low-income filers may qualify for a fee waiver (also called a fee waiver or in forma pauperis petition) — ask the clerk for the application.
Mandatory waiting period: 30–90 days in most states after filing; California requires 6 months.
Total processing time: For a straightforward uncontested case with no children, expect 2–6 months from filing to final decree, depending on court caseload and the state’s waiting period.
Validity of the decree: A divorce decree is permanent once entered. There is no expiration date, but modifications to custody or support orders may be sought later through a separate motion.

Common mistakes and how to avoid them

Incomplete or unsigned forms. Courts reject packets that have blank fields or missing signatures. Review every page before filing and confirm which documents require notarization.
Not meeting the residency requirement. Filing in the wrong state or before satisfying the minimum residency period will result in dismissal. Check your state’s specific rule — some require residency in a particular county as well.
An unnotarized settlement agreement. The marital settlement agreement must be notarized in virtually every state. An unsigned or un-notarized agreement cannot be entered by the court.
Failing to address all marital assets and debts. If the settlement agreement omits a bank account, vehicle or debt, the court may reject it or the omission can create legal disputes later. List every asset and liability explicitly.

Frequently asked questions

Do both spouses need a lawyer to file for an uncontested divorce? No. Neither spouse is legally required to hire an attorney. Many couples handle uncontested divorces pro se (self-represented) using court-provided self-help forms. That said, consulting a family law attorney is advisable if there are significant assets, a business, a pension or children involved.

Can we file in any state, or does it have to be where we were married? You file in the state where at least one spouse currently lives and meets the residency requirement — not necessarily where you were married. The state where you married has no jurisdiction over the divorce.

What happens if my spouse refuses to sign the settlement agreement after we agreed? If your spouse withdraws cooperation, the case typically converts to a contested divorce, which requires separate filings and possibly a hearing or trial. An uncontested process only works when both parties maintain their agreement through the final decree.

Does an uncontested divorce affect my Social Security benefits? A divorce does not automatically remove Social Security benefits linked to a spouse’s work record. If you were married for at least 10 years, you may still be eligible for spousal or survivor benefits. Contact the Social Security Administration (SSA) at ssa.gov for guidance specific to your situation.

How do I update my name after the divorce? If the final divorce decree includes a name restoration order, use a certified copy of the decree to update your Social Security card (SSA), driver’s license (state DMV), passport (State Department) and financial accounts.

Where to go from here

The first concrete step is to verify your state’s residency requirement and download the official filing packet from your county family court’s website. Gather your marriage certificate (certified copy), proof of residency and both spouses’ financial disclosure information before you start completing the forms.

Requirements, fees and forms change. Always confirm the current rules directly with the family court clerk in your county or through your state court’s official website before filing. Court self-help centers — available in most counties — can answer procedural questions at no charge.

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