Who keeps which assets?
Address real estate, vehicles, accounts, household property, businesses and property claimed as separate. Titles and taxes may require additional work.
An uncontested divorce is more than “we both agree.”
A case is generally uncontested when every issue required for the divorce is resolved or is not disputed. The exact procedure, agreement format, disclosure rules and hearing requirements depend on the state and local court.
Source record reviewed: 2026-11-03 · Page updated: 2026-11-03 · Not attorney-certified legal advice
AGREEMENT CHECK
Questions the agreement may need to answer
Who is responsible for each debt?
A divorce agreement allocates responsibility between spouses but may not remove a name from a creditor’s contract.
Is either spouse requesting support?
State law, duration, income and enforceability matter. “No current request” should not be confused with a legally effective waiver.
What parenting and support terms apply?
Custody jurisdiction, decision-making, schedules, transportation, support, insurance and expenses may need court-approved terms.
How will required papers be handled?
Agreement may not eliminate filing, notice, disclosures, signatures, notarization, waiting periods or a final hearing.
Who prepares and submits judgment papers?
The marriage remains legally in effect until the court enters the required judgment and its effective date arrives.
COMMON MISUNDERSTANDINGS
Agreement does not automatically create the correct procedure.
A state may offer a simplified or summary procedure, but those paths usually have additional eligibility conditions. No children, a short marriage, limited property, no support request, joint participation or other facts may be required.
If the spouses agree after a regular case starts, the case may still finish as uncontested under the regular procedure. Do not restart or switch forms without checking the court’s instructions.