A plain-language checklist of the information and documents you need for an uncontested divorce, and the points both spouses must agree on first.
An uncontested divorce is usually the simplest and least expensive way to end a marriage. It only works, though, when the paperwork is complete and both spouses agree on everything in it. Gathering the right information before you start saves time and avoids forms being sent back.
What "uncontested" means
A divorce is uncontested when both spouses agree on every issue the court has to decide:
- how property and debts will be divided
- whether one spouse will pay support to the other, and for how long
- if there are minor children: custody, the parenting schedule and child support
If you still disagree on even one of these points, the case is not uncontested yet. Many couples settle the open points first and then prepare the documents.
Information about the marriage
- Full legal names of both spouses, as shown on their IDs
- Current addresses and how long each spouse has lived in the state
- Date and place of the marriage
- Date of separation, when your state asks for it
- A copy of the marriage certificate
If you married outside the United States, a U.S. court can still handle the divorce as long as the state's residency rule is met. A marriage certificate in another language will normally need a certified translation.
Property, debts and income
Make a simple list of what you own and what you owe, together or separately:
- homes and other real estate, in the U.S. or abroad
- vehicles
- bank, retirement and investment accounts
- credit cards, loans and other debts
- each spouse's income
For every item, write down who keeps it or who pays it. That list becomes the base of the settlement agreement.
If you have minor children
- Full names and dates of birth
- Where the children have lived in recent years
- The parenting schedule you agreed on, including holidays and school breaks
- Who provides health insurance
- Income details used to calculate child support
Many states require a written parenting plan and a child support worksheet, and some require a parenting class.
Rules that change from state to state
Each state sets its own residency requirement and its own forms, and many have a waiting period between filing and the final decree. The clerk of court in your county or your state court website lists the current rules and filing fees. Check them before you file.
When to talk to an attorney
A document preparer completes the forms from the decisions you have already made. Look for an attorney if:
- you and your spouse disagree on any point
- there is a history of violence or you do not feel safe
- there is a business, a pension or property in another country to divide
- your immigration status depends on the marriage
How we help
We prepare the petition, the settlement agreement and the supporting forms your state requires, in English, with every step explained in Portuguese or Spanish. See our uncontested divorce service or request a quote.
Eazy Way Solutions is a document preparation service, not a law firm. This article is general information and is not legal advice. Rules change and vary by state and by agency, so confirm the current requirements with the office that will receive your documents.