Do Both Spouses Need to Agree to Uncontested Divorce?
Quick Answer: Yes, both spouses must agree to all terms for divorce to be uncontested. If spouse disagrees on any issue, it becomes contested.
What Both Must Agree On
- Getting divorced
- Division of all property and debt
- Child custody and visitation schedule
- Child support amount
- Spousal maintenance if applicable
- All other terms in settlement agreement
What If Spouse Disagrees
Divorce becomes contested, requires different process, takes longer (1-2 years), costs more (,000-5,000+), may need trial.
Spouse Does Not Respond
If spouse served but does not respond: Wait 20-40 days, file for default judgment, may proceed without their participation, not technically uncontested but can be faster.
Converting to Uncontested
Contested can become uncontested if: Spouses reach agreement later, negotiate settlement, use mediation successfully.