If the parties have agreed on the essential terms of their separation, including financial issues, child custody, and property distribution, they can file an uncontested case.
The spouse who wants a divorce must prepare and file the initial divorce forms with the court and then serve the other spouse with copies of the submitted documents. During the mandatory waiting period, which varies by state and is established by family law, the couple can file their settlement agreement, which contains all of the agreed-upon terms of their case. The court will schedule a final hearing to review the paperwork. Some states require that the parties appear in court, but others do not. After the judge considers the submitted legal forms and settlement agreement, the divorce can be granted.