Can You Have An Uncontested Divorce With A Child

An uncontested divorce is a cheaper and quicker way to divorce. But how is an uncontested divorce impacted when you have children involved? You can have an uncontested divorce with minor children and the process can go smoothly if both parties agree on things and hire qualified family lawyers.

Uncontested Divorce With Children

You should go ahead with an uncontested divorce if you know that you and your spouse can agree on all the matters related to the dissolution of your marriage outside of court. This makes the divorce process easier for both parties and the court.

If you’re on good terms with your spouse, you can file your petitions and documents jointly if your state allows it.

During an uncontested divorce with a child, the settlement agreement should also include child custody and child support.

A common misconception about uncontested divorces is that you must agree on all issues for this type of divorce like asset division and child custody. If you don’t agree on all the disputes and there are some minor disagreements, you can consider divorce mediation and avoid court trials.

What Happens In An Uncontested Divorce With Children?

You will need to file for divorce in the state where you meet the residency requirements of the state. Every state has different residency rules that you must comply with if you want to file for divorce in that state.

Moreover, keep in mind that most child custody proceedings are held in the state or county where the child lives.

To begin the divorce process, you will need to file a petition for uncontested divorce along with relevant documents. You should also be paying a filing fee because only then the court will process the documents.

Your petition will be checked and if there are any errors, it may be rejected or you may be asked to make amendments. However, if there are no errors in the petition, your petition will be assigned a case number. When this happens, you can give your spouse legal notice.

When you submit everything as required including the terms related to child custody, etc. in the documents, the divorce is not approved instantly. This is because the judge reviews the case closely and finds out what is best for the child. You should expect to attend an uncontested custody hearing.

If there are no disagreements and the agreed-upon details are deemed correct by the judge, and may issue a decree after the waiting period. Keep in mind that the waiting period varies from state to state. Some states may have a waiting period of six months or more, while some other states don’t have any waiting period.

Which Papers Do You Need For Uncontested Divorce With A Child

Mostly, you may need standard forms and some specific forms for getting an uncontested divorce with children. This is because when children are involved, you’re required to prepare paperwork related to things like child custody, child support, and custody schedule.

You will need to attach some forms with the petition while some others can be submitted later.

Generally, you will need these documents for filing an uncontested divorce with children petition.

  • Petition
  • Summons
  • Parenting plan
  • Child support worksheets
  • Parenting classes certificate
  • The final decree.

Is An Uncontested Divorce Cheaper?

Yes, an uncontested divorce is cheaper whether you have children or not. The overall cost of an uncontested divorce depends on whether you hire lawyers and how much they charge per hour. On average, an uncontested divorce costs 75% less than a traditional (contested) divorce.

You can save even more money if you don’t hire a lawyer and file the petition yourself. However, hiring a lawyer is useful because there are different kinds of forms that need to be submitted. Any errors or mistakes can cause problems and delay the divorce process.

As lawyers do this regularly, they know exactly which forms are required for your case and how to submit them resulting in fewer errors and a quicker divorce process.


An uncontested divorce with children adds a few more documents and issues to be resolved for both parties. If you can agree on child-related disputes, the process will conclude sooner. For a smooth process, hire an uncontested divorce lawyer Fairfax VA.

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