Uncontested divorce, by state
When you both agree on everything, most states let you divorce on agreed papers, and some never ask you to see a judge. A few have a true fast track with strict limits on money and marriage length. This page shows each state’s route, who qualifies, whether there is a hearing, and the shortest wait, from the state’s own courts and laws.
“Uncontested” means you and your spouse agree on the divorce and on every term: property, debts, support and any children. It does not mean fast everywhere. Some states still make you wait months, some want you to have lived apart for a year before you file, and some want you both in court. Every row below was read on the state’s own court or legislature site on 3 October 2026, and where we could not read an official source, the row says so.
On this page 7
What uncontested means
Uncontested
You agree on the divorce and every term, and you put it in writing, usually as a settlement or separation agreement. The court reviews it and, if it is fair and complete, signs a decree that matches it.
Usually cheaper and faster. In many states you can do it without a lawyer, using the court’s own forms.
Contested
You disagree on at least one thing, or one spouse will not take part. The court decides what you cannot, after exchanging information and, if needed, a trial.
A case can move between the two. Many start contested and end with an agreement.
The true fast tracks, and their limits
Most states have no special procedure: an agreed divorce just goes through the ordinary process on agreed papers. A handful have a separate, simpler track with hard limits. If you are over any one of them, you use the regular route.
Several states have a joint route with no money caps, and some allow children: Arizona’s summary consent decree, Ohio’s dissolution, Nevada’s joint petition, Massachusetts’ Section 1A petition and Maryland’s mutual consent divorce all allow children.
How long it takes
Even when you agree, most states set a minimum time before the judge can sign. These are the shortest waits the states publish, for the agreed route:
Where to file when you both agree
In most of the states we checked, the county is tied to where one or both spouses live, even for a joint petition. Two states let you choose:
- Pennsylvania: either spouse’s county, or any county you both agree on in writing attached to the complaint, as long as one of you has lived in Pennsylvania for six months.
- Nevada: a joint petition may be filed in any Nevada district court, though the state’s Self-Help Center suggests your own county.
States that want you to live apart first
In some states the wait comes before you file, as a period of living apart:
A year or more
North Carolina a year and a day, South Carolina one year, Virginia one year, or 6 months with a separation agreement and no minor children.
Six months
Delaware 6 months, which can be under the same roof if you do not share a bedroom. Vermont 6 consecutive months apart. Louisiana 180 days, or 365 with minor children.
Sixty days
Kentucky 60 days living apart, which can include living under the same roof without sexual relations (KRS 403.170).
All fifty states
The second column is the agreed route and whether you are likely to see a judge. “Shortest wait” is the minimum on the agreed route, from the source in the last column. Each state name links to its full kit.
| State | Agreed route | Who qualifies | Court appearance | Shortest wait | Official source |
|---|---|---|---|---|---|
| Alabama | Judge or county decides Agreed papers (county forms) | You both agree on every term. Each county lists the forms it wants. | Varies by county; decrees are often signed on papers | 30 days after filing (Lee County circuit court) | Court page or form Read 3 Oct 2026 |
| Alaska | Hearing required Dissolution (joint petition) | You agree on every issue and file together. Children are allowed. | Yes; one spouse can ask to appear by phone or be excused | 30 days after filing | Alaska R. Civ. P. 90.1(c) Court page or form Read 3 Oct 2026 |
| Arizona | Judge or county decides Summary consent decree | You settle everything before filing and file a combined petition and response. One spouse lived in Arizona 90 days. Children are allowed. | Judge decides; usually on papers | 60 days | A.R.S. § 25-314.01 Court page or form Read 3 Oct 2026 |
| Arkansas | Judge or county decides No special track | Grounds must still be proved and backed by a witness. One spouse lived in Arkansas 60 days before filing. | Not stated on the page we read | 30 days after filing | Court page or form Read 3 Oct 2026 |
| California | Papers can be enough Summary dissolution | Married under 5 years, no children together, no real estate, debts under $7,000, community property under $57,000, and both give up spousal support. | No hearing | 6 months after filing | Court page or form Read 3 Oct 2026 |
| Colorado | Papers can be enough Decree without appearance | One spouse lived in Colorado 91 days. A signed property agreement. With minor children, only if each spouse has a lawyer. | No, if the court accepts the affidavit | 91 days | Court page or form Read 3 Oct 2026 |
| Connecticut | Papers can be enough Nonadversarial divorce (joint petition) | Married 9 years or less, no children, no real estate, property under $80,000, no defined-benefit pension, no protective orders. | No hearing | About 35 days | Court page or form Read 3 Oct 2026 |
| Delaware | Papers can be enough Divorce on the papers | The other spouse agrees or does not answer. One spouse lived in Delaware 6 months, and you have been separated 6 months (the same house counts). | No, if you ask for a decision on the papers | 6 months of separation | 13 Del. C. §§ 1503(8), 1505 Court page or form Read 3 Oct 2026 |
| Florida | Hearing required Simplified dissolution | No children together and not pregnant, an agreed split of property and debts, no alimony, and both sign. One spouse lived in Florida 6 months. | Yes; both spouses attend together | 20 days after filing | Court page or form Read 3 Oct 2026 |
| Georgia | Judge or county decides Agreed papers (county forms) | The other spouse acknowledges service and you sign a settlement agreement. With children, a parenting seminar and support worksheets. | Not stated on the page we read | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| Hawaii | Judge or county decides Uncontested divorce | We could not read the court’s self-help page. | Judge decides; may accept proof by affidavit | No waiting period found in the statute | HRS § 580-42 Read 3 Oct 2026 |
| Idaho | Judge or county decides Agreed papers (stipulated decree) | You agree on custody, support, property and debts. The filer lived in Idaho six weeks. | Not stated on the page we read | 21 days after filing and service | Idaho Code § 32-716 Court page or form Read 3 Oct 2026 |
| Illinois | Not confirmed | The statute site failed a secure connection, and we found no court page we could read. | Not confirmed | Not confirmed | No official source could be read Tried 3 Oct 2026 |
| Indiana | Judge or county decides Summary decree on a waiver of final hearing | Both sign a waiver of final hearing with a settlement agreement. | Judge decides; some will not waive it, especially with children | 60 days after filing | Court page or form Read 3 Oct 2026 |
| Iowa | Papers can be enough Agreed settlement (court form) | You agree on property and debts, and each files a financial affidavit unless waived. | Only if the court has questions | 90 days after service | Iowa Code § 598.19 Court page or form Read 3 Oct 2026 |
| Kansas | Hearing required Agreed divorce | You agree on property, debts and real estate and write it into the decree. | Yes; a final hearing | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| Kentucky | Judge or county decides Decree on deposition | A separation agreement, the filer’s deposition, and the other spouse waives notice of the final hearing. | Varies by county | 60 days living apart (the same house counts) | KRS 403.170 Court page or form Read 3 Oct 2026 |
| Louisiana | Judge or county decides Divorce after living apart | Living apart 180 days, or 365 with minor children, before you file. | Varies by district; some require people without lawyers to appear | 180 or 365 days of separation | La. Civ. Code arts. 103, 103.1 Court page or form Read 3 Oct 2026 |
| Maine | Hearing required Uncontested final hearing | You agree on everything and the judge approves the agreement. | Yes; to put the agreement on the record | 60 days between filing and the hearing | Court page or form Read 3 Oct 2026 |
| Maryland | Hearing required Mutual consent divorce | A written agreement settling alimony, property and any children. Children are allowed. | Yes | No separation period | Md. Code, Family Law § 7-103(a)(3) Court page or form Read 3 Oct 2026 |
| Massachusetts | Hearing required Joint petition (Section 1A) | A joint petition, an affidavit that the marriage has broken down, and a notarized separation agreement. | Yes; a hearing on the agreement | About 120 days after the hearing (30 days, then 90) | G.L. c. 208, §§ 1A, 21 Read 3 Oct 2026 |
| Michigan | Not confirmed | We could not read the court’s self-help pages. | Not confirmed | 60 days after filing; 6 months with minor children | MCL 552.9f Read 3 Oct 2026 |
| Minnesota | Papers can be enough Summary dissolution | Married under 8 years, no children together, no real estate, assets up to $25,000, debts up to $8,000, no domestic abuse. | No hearing | 30 days after filing | Minn. Stat. § 518.195 Read 3 Oct 2026 |
| Mississippi | Hearing required Irreconcilable differences (joint complaint) | Both sign the joint complaint and a property settlement before a notary. Either can withdraw during the wait. | Yes | 60 days before a hearing can be set | Court page or form Read 3 Oct 2026 |
| Missouri | Not confirmed | We could not read the court’s self-help pages. | Not confirmed | 30 days after filing | RSMo § 452.305 Read 3 Oct 2026 |
| Montana | Judge or county decides Joint petition | You both sign the joint petition and an agreed property split. One spouse lived in Montana 90 days. | Judge decides; a joint affidavit can ask for a decree without a hearing | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| Nebraska | Judge or county decides Agreed decree | You agree on everything and the other spouse is served or appears voluntarily. | Varies by county; some courts let you waive the hearing | 60 days after service | Neb. Rev. Stat. § 42-363 Court page or form Read 3 Oct 2026 |
| Nevada | Judge or county decides Joint petition (summary proceeding) | One spouse lived in Nevada six weeks. Signed agreements on property, support and any children. | Not stated on the page we read | No waiting period after filing found | NRS 125.181-125.184 Court page or form Read 3 Oct 2026 |
| New Hampshire | Not confirmed | We read the grounds statute, but not the joint petition procedure. | Not confirmed | Not confirmed | RSA 458:7-a Read 3 Oct 2026 |
| New Jersey | Judge or county decides Divorce on the papers | You agree on the divorce and its terms and both file the documents. | Judge decides; you can ask, but the judge can still call you in | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| New Mexico | Judge or county decides Uncontested divorce (court packets) | A marital settlement agreement signed by both, filed in every case. | Judge decides | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| New York | Not confirmed | The court and Senate sites both blocked us. | Not confirmed | Not confirmed | No official source could be read Tried 3 Oct 2026 |
| North Carolina | Hearing required Absolute divorce | A year and a day living apart before filing. Your spouse does not have to agree, only be served. | Yes; a short hearing | One year and a day of separation | N.C. Gen. Stat. § 50-6 Court page or form Read 3 Oct 2026 |
| North Dakota | Judge or county decides Simple divorce (stipulated) | No children, agreement on everything in writing, and the filer lived in North Dakota 6 months. | Judge decides; otherwise the judgment is mailed | Not stated on the page we read | Court page or form Read 3 Oct 2026 |
| Ohio | Hearing required Dissolution (joint petition) | A joint petition with a separation agreement. One spouse lived in Ohio 6 months. Children are allowed. | Yes; both spouses must appear | Hearing 30 to 90 days after filing | R.C. 3105.61-3105.65 Court page or form Read 3 Oct 2026 |
| Oklahoma | Not confirmed | The statute site put up a bot check, which we do not work around. | Not confirmed | Not confirmed | No official source could be read Tried 3 Oct 2026 |
| Oregon | Papers can be enough Agreed judgment, or summary dissolution | Summary track: married 10 years or less, no children, no real estate, debts up to $15,000, personal property under $30,000. | No for agreed cases, unless the court asks | No waiting period found | ORS 107.485, 107.490, 107.500 Court page or form Read 3 Oct 2026 |
| Pennsylvania | Papers can be enough Mutual consent divorce | Each spouse files an affidavit of consent after the wait. | No hearing described | 90 days after service | 23 Pa.C.S. § 3301(c) Court page or form Read 3 Oct 2026 |
| Rhode Island | Hearing required Uncontested (nominal) divorce | No special track. | Yes; granted at a court date | Final 3 months after the decision | R.I. Gen. Laws § 15-5-23 Court page or form Read 3 Oct 2026 |
| South Carolina | Papers can be enough No-hearing divorce on one year’s separation | One year apart. No hearing only if you ask for nothing but the divorce and a name change. | No for divorce only; yes if property, support or custody is involved | One year of separation | S.C. Code §§ 20-3-10(5), 20-3-80 Court page or form Read 3 Oct 2026 |
| South Dakota | Judge or county decides Stipulated divorce | Both sign a stipulation and settlement agreement. | Varies by county; ask the clerk | 60 days after service | SDCL 25-4-34 Court page or form Read 3 Oct 2026 |
| Tennessee | Not confirmed | The court site put up a bot check, and statutes are only on a commercial service. | Not confirmed | Not confirmed | No official source could be read Tried 3 Oct 2026 |
| Texas | Hearing required Agreed divorce (court form sets) | The simplest form set: no children, no real property, no spousal support. One spouse lived in Texas 6 months. | Usually a short prove-up hearing | 60 days after filing | Tex. Fam. Code § 6.702 Court page or form Read 3 Oct 2026 |
| Utah | Judge or county decides Stipulated divorce | You agree on everything. A divorce education class is required. | Not stated on the page we read | 30 days between filing and the decree | Court page or form Read 3 Oct 2026 |
| Vermont | Papers can be enough Final order without a hearing | A stipulation resolving all issues, 6 months apart, and one year’s residency before the final order. | No, if the court grants the motion to waive | 6 months of separation | 15 V.S.A. §§ 551(7), 592 Court page or form Read 3 Oct 2026 |
| Virginia | Papers can be enough No-fault divorce by affidavit | One year apart, or 6 months with a separation agreement and no minor children. | No live testimony needed; the court can ask for it | 6 months or one year of separation | Va. Code §§ 20-91(A)(9), 20-106 Read 3 Oct 2026 |
| Washington | Judge or county decides Agreed dissolution | You agree on everything; the court still approves it. | Varies by county | More than 90 days after filing and service | RCW 26.09.030 Court page or form Read 3 Oct 2026 |
| West Virginia | Hearing required Agreed divorce (irreconcilable differences) | The other spouse’s answer admits irreconcilable differences. | Yes; at least one spouse attends | Not stated on the page we read | W. Va. Code § 48-5-201 Court page or form Read 3 Oct 2026 |
| Wisconsin | Hearing required Joint petition | You both sign and file a joint petition, with or without children. | Yes; a final hearing | 120 days after filing | Wis. Stat. § 767.335 Court page or form Read 3 Oct 2026 |
| Wyoming | Judge or county decides Divorce without appearance | The other spouse has answered and you both sign a notarized decree. | Judge decides; usually on papers | 20 days after filing | Wyo. Stat. § 20-2-108 Court page or form Read 3 Oct 2026 |
Before you sign
Summary tracks can mean giving things up for good
California’s summary dissolution requires both of you to waive spousal support forever, and Oregon’s requires the filer to waive it. Read what you are waiving before you choose the faster route.
Either spouse can usually back out during the wait
In California, either spouse may revoke a summary dissolution during the six months. In Mississippi, either may withdraw consent before the hearing, and the irreconcilable differences divorce will not be granted.
No hearing does not always mean no hearing
New Jersey lets you ask for a divorce on the papers, but says the judge can still require you to appear. Wyoming and North Dakota say the same. In South Carolina, the no-hearing route covers only the divorce and a name change.
Children change the route
Colorado’s decree without appearance allows minor children only if each spouse has a lawyer. California, Minnesota, Connecticut and Oregon’s fast tracks exclude couples with children together.
What we could not confirm
Gaps are named rather than filled
- Illinois, New York, Oklahoma and Tennessee: the official sites failed, blocked us or put up a bot check, which we do not work around.
- Michigan and Missouri: we read the waiting period in the statute, but not the court’s self-help pages. New Hampshire: we read only the grounds statute. Hawaii: we read the statute but not the court page.
- Some rows rest on a court page or form rather than the statute, because the statute site could not be read or is only on a commercial service: Alabama, Arkansas, California, Colorado, Connecticut, Georgia, Indiana, Kansas, Mississippi and Utah. In Alabama, Arizona and Indiana the page read was a county court’s.
- “Not stated” means the official page we read did not say. Ask the clerk.
What it costs to file
Filing fees in every state, with the court’s own schedule linked.
Everything else about your state
Forms, residency, waiting periods, service of process, and what happens to the house.
Common questions about uncontested divorce
Short answers to what people ask most. The table above has the detail for each state.
What is an uncontested divorce?
A divorce where both spouses agree on the divorce and every term: property, debts, support and any children. You put the agreement in writing and the court signs a decree that matches it, usually without a trial.
Do I have to go to court for an uncontested divorce?
It depends on the state. California, Minnesota and Connecticut’s fast tracks have no hearing, and several states let you ask for a decree on the papers. Ohio requires both spouses to appear, and Florida’s simplified dissolution requires both to attend the final hearing together.
How fast can an uncontested divorce be?
The minimum wait ranges from none found in Maryland’s mutual consent divorce to 6 months in California. Florida and Wyoming set 20 days, Texas and Arizona 60, Wisconsin 120. Some states also require living apart before you file.
Can we get an uncontested divorce if we have children?
Yes, in every state with an agreed parenting plan and support, but some fast tracks exclude children. California, Minnesota, Connecticut and Oregon’s summary tracks do. Arizona, Ohio, Nevada, Massachusetts and Maryland’s joint routes allow children.
Do we need a lawyer for an uncontested divorce?
Not usually. Most states publish forms for agreed divorces without a lawyer. One exception: Colorado allows a decree without appearance with minor children only if each spouse has a lawyer. A lawyer can still review an agreement before you sign it.