The legal process
Uncontested, contested and default divorce
Three words that decide how much your divorce costs.
Uncontested
You agree on every issue: property, debts, support and parenting. You file a written agreement and the judge approves it. Many states have a simplified procedure for couples with short marriages, no children and few assets.
Contested
You disagree on at least one issue. The case moves through disclosures, discovery, negotiation and, if needed, trial. Most contested cases still settle before trial. A case can start contested and become uncontested as agreements are reached.
Default
Your spouse was properly served and did not respond in time. You can ask the court to proceed without them. You still need to prove what you are asking for, and a judge will not approve terms that are unfair on their face.
What if my spouse refuses to sign?
In every state you can divorce without your spouse's agreement. Refusing to sign slows the case but cannot stop it. Proper service, then default or a contested process, moves the case forward.
This guide is general information, not legal advice. Laws differ by state and change over time. For advice about your situation, talk to a licensed attorney in your state.
More guides like this
More on the legal process
How a divorce moves through court, step by step
File, serve, disclose, agree, finalize. The names change by state. The shape does not.
Serving your spouse: methods, timing and proof
Service is the step most often done wrong. Here is how to do it right the first time.
Financial disclosures: what you must share and when
Full and honest disclosure is required in every state. Incomplete disclosure is the most expensive mistake in divorce.
Ready when you are
Turn this into your plan.
Counsel applies this to your state and your own numbers, and builds your roadmap with dates.