If you've decided to get divorced, you may be worried about legal costs, how much time it will take, and whether you're making the right move. But not all divorces are expensive, stressful, or last for years.
An amicable relationship with your spouse, even after you've decided to go your separate ways, can lead to an easy divorce because it won't involve a trial. In this article, we'll explain how uncontested and no-fault divorces work, what paperwork you'll need, and strategies for speeding up the process—so you can move forward with confidence.
Uncontested divorces take less time than contested divorces
Generally, the fastest way to get divorced is to file an uncontested, no-fault divorce where you and your spouse agree on all major issues, including custody, support, and property division. This approach avoids trials, reduces legal fees, and moves through the court system significantly faster than contested divorces.
A contested divorce, by contrast, means the parties cannot agree on some or all issues. It may involve a trial, lengthy settlement meetings, and digging into your spouse's finances—all of which can take considerable time and energy.
An uncontested divorce usually takes less time because you agree with your spouse on all terms. Here are some of the most common items to work out.
- Custody and visitation: Where children live and parenting schedules
- Child support: Financial contributions for children's needs
- Spousal support: Alimony payments, if any
- Division of property and debt: How assets and liabilities are split
- Other issues: Education, religion, and insurance matters
No-fault divorces versus fault-based divorces
All states have some form of no-fault divorce, though requirements vary. Fault-based divorces require one spouse to prove the other's wrongdoing contributed to the end of the marriage, but it's only available in certain states.
| No-fault divorce | Fault-based divorce |
| Claim irreconcilable differences or incompatibility | Must prove specific grounds (e.g., adultery, abandonment, cruelty) |
| Faster process in most states | Often longer due to the evidence requirements to prove fault |
| Available in all states | Available in 33 states |
What you will need for a no-fault, uncontested divorce
A no-fault, uncontested divorce combines both approaches—neither spouse assigns blame to the other, and both can agree on all terms. In some states, spouses who pursue this kind of divorce may never step foot in court, completing the divorce entirely on what is called "papers only."
To file a no-fault, uncontested divorce, you'll need:
- To satisfy residency requirements
- To purchase an index number
- To have a summons and complaint or petition served on your spouse
- To have your spouse file a response to your complaint or petition
- To fill out forms that put the case on the court calendar
- An affidavit of service for the papers that were served
- Income, spousal support, and child support worksheets
- A parenting plan in some states
- A marital settlement agreement, separation agreement, or stipulation of settlement—which are different ways of saying the same thing, depending on your state
- Findings of fact and conclusions of law or similar papers
- Judgment of divorce
- Additional divorce papers, such as statements by each spouse
- Any other papers your state requires
The divorce law in your state governs what needs to be filed and how long you need to be a resident before you can file.
Do you need an attorney for a quick divorce?
If you're filing an uncontested divorce, it's still a good idea to have an attorney review your marital settlement agreement to ensure it's fair and balanced. Although you can technically get a quick divorce without an attorney, this comes with risks.
Keep in mind that your spouse should also hire their own attorney—one lawyer cannot represent both parties.
Other ways to speed up your divorce
To get a quick divorce, you might consider these options:
- Filing in another state with a shorter waiting or “cooling off" period than in your home state
- Filing in another state with a shorter time to establish residency than in your home state
- Filing in another state if your state requires a year or more of separation
- Having an attorney prepare the final divorce papers for you
- Going to mediation, where you and your spouse work out your own agreement
- Having a collaborative divorce, where you resolve issues with a collaborative team of attorneys without going to court
Many people go to Nevada to get divorced because it has a short residency requirement, which is measured in weeks rather than years.
Other states, like New York, have residency requirements of one to two years.
By filing a no-fault, uncontested divorce with an attorney-reviewed agreement—especially in a state with a shorter residency period—you can finalize your divorce quickly while saving money and stress.
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