An uncontested divorce is a divorce in which both of the parties are in agreement about issues related to the divorce. In other words, there are no issues to settle, and therefore, the divorce can be finalized very quickly.
Not surprisingly, this can be one of the easiest divorces to obtain. If you and your spouse are in agreement about the need to dissolve the marriage, and are also in agreement about all the terms of the divorce, like division of assets, division of debt, child custody and child support, you filing for an uncontested divorce is an option.
However, just because you and your spouse are in agreement about your desire to terminate the marriage does not mean that you are not subjected to any residency requirements. You must meet residency requirements to obtain a contested divorce. You or your spouse must have lived in the state for a period of at least 90 days. In addition, you must have decided how to divide property, or you must not have any property that is subject to division.
In an uncontested divorce, both of the spouses will agree on the grounds of the divorce. This means that both must agree that the marriage is irretrievably broken, and cannot be fixed. You must have an agreement in place that clearly defines issues regarding support of the child. If you have minor children, this child custody agreement must also clearly define the visitation schedule that you have planned for the children.
Even in an uncontested divorce, the judge may ask the spouses to appear before him for a hearing. He may want an assurance that all of the issues involved in the divorce have indeed been settled. Only then will the judge issue a decree of dissolution of the marriage, after a minimum of 90 days after the filing.