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Here’s what you and your spouse will have to agree on to file for uncontested divorce.

Financial terms


It’s important that you and your spouse figure out who receives your joint assets. Note that in many states, the property you enter the marriage with is sometimes seen as separate and might not be distributed during the divorce. Property purchased during your marriage (or gifts you received) must be divided. This division doesn’t necessary have to be a 50-50 split, however. It does have to be fair.

Child Custody


If you have children, this is the most important point for you and your spouse to agree upon. Since uncontested divorces are usually more amicable than contested ones, hopefully you’ll have worked out who will maintain primary custody of your child(ren) and how often the other spouse will have visitation or custody privileges.

Child Support


The spouse who is not the primary caregiver for your child(ren) will likely provide some kind of child support for your offspring.

Spousal Support


Spousal support may or may not be appropriate, depending on your situation. For example, if you and your spouse make the same wage, or if your spouse has a large trust that they brought to the marriage, then spousal support may not make sense for your uncontested divorce.

Additional Factors


You’ll of course need to know your spouse’s address and be in contact with them to qualify for an uncontested divorce. Furthermore, in some states, there is an issue of fault vs. no-fault divorces. Generally, no-fault divorces can qualify to be uncontested divorces

Information in your state


If you think that you and your spouse qualify for uncontested divorce, head to our uncontested divorce by statepage. There, you can simply find your state and learn about the criteria you’ll have to satisfy to file for uncontested divorce.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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