Skip to main content
LawHelp.org/DC
 
Helping D.C. area residents find legal aid referrals and self-help resources
 
 
 
 
Getting An Uncontested Divorce
by: Children's Law Center
Q.What if my spouse and I agree to divorce? 
A.

This is called an uncontested divorce.

You can get a divorce more quickly if it is uncontested.

A divorce is uncontested if:

  • You and your spouse have been separated the required period of time, and
  • If you and your spouse both SIGN the required COURT PAPERS stating that you AGREE that you are eligible for a divorce and you agree about what you want the court to do.

 A divorce is not uncontested if:

  • There is an issue that you and your spouse do not agree on (such as custody of your children or division of your property) and that you are asking the court to decide as part of the divorce case.
Q.How do I get an uncontested divorce?
A.

Here's what you do.

  • FILE these documents at the Family Court Central Intake Center:
    • YOUR COMPLAINT FOR DIVORCE

(Click here for a Complaint for Divorce you can fill out online.  You will still need to file it with the court.)

Be sure to sign it (notarization is not required).

    • YOUR SPOUSE'S ANSWER

(Click here for an Uncontested Answer that can be filled out online.  You will still need to file it with the court.)

Your spouse must sign it (notarization is not required, although you may want your spouse's signature notarized if you are agreeing to matters such as division of property or custody of children).

    • UNCONTESTED PRAECIPE

Both you and your spouse sign.  You do not have to sign it at the same time.  Notarization is not required.

    • VITAL RECORDS FORM
    • $80 FILING FEE (cash or money order), or you can file for a fee waiver.  For more information, see the section on Filing for a Fee Waiver.
  • You can file all the documents yourself, as long as your spouse has signed the Answer and the Uncontested Praecipe properly.
  • If everything is in order, your divorce hearing will be scheduled 30 to 90 days from the date you file the papers. 
  • The court will mail you a notice of the date, time and courtroom for your divorce hearing.
Q.What if my spouse and I agree about getting divorced but not about other things we want to resolve, like child custody or division of property?
A.If there is an issue that you and your spouse do not agree on and that you are asking the court to decide as part of the divorce case, then your divorce is not uncontested and it will not be scheduled on this fast track.
Q.What happens at the uncontested divorce hearing?
A.
  • The plaintiff must come to the court hearing.  If you are the person who filed for the divorce, you are the plaintiff.  Your spouse is entitled to come to the hearing but is not required to.
  • You must bring a certified copy or the original of your marriage certificate.
  • Go to the courtroom.  Try to arrive early and check in with the courtroom clerk.
  • Have a seat in the courtroom.  The judge will come in. When your case is called, walk up to the table and state your name.
  • The judge will put you under oath and ask you questions to see whether you are eligible for a divorce.  You will be giving the judge the same kind of information that you put in your divorce complaint:  your name and address, whether you or your spouse is a D.C. resident, when and where you were married, and how long you have been separated.
  • If you changed your name when you got married, the judge will ask whether you want your birth-given name back.
  • The hearing should take about 20 minutes.  At the end of it, the judge will state that s/he is granting your divorce and he or she will sign the divorce decree.
  • The divorce decree is also called the divorce order, or the "Findings of Fact, Conclusions of Law, and Judgment of Absolute Divorce."
  • Some judges will give you a copy of the divorce decree before you leave.  The court will also mail you a copy of the signed divorce decree.
  Search
   Need Help with Your Search?
Find Legal Help On Divorce / Separation / Annulment
Related Resources
Child Support and Alimony from Military Personnel and Department of Defense Employees (Separate Website)
By: Defense Finance and Accounting Service
Common Questions about the Uniformed Services Former Spouses' Protection Act (Separate Website)
By: Defense Finance and Accounting Service
Frequently Asked Questions About Domestic Violence
By: DC Bar Pro Bono Program
more...
Last Reviewed On: 06/26/07
 

Information, Not Legal Advice
LawHelp.Org /DC provides general information only.  This is not legal advice. You can only obtain legal advice from a lawyer.  If you need legal advice for a specific situation, contact an attorney.  LawHelp.Org/DC makes every effort to keep the legal education materials up-to-date but laws change frequently.  Therefore, LawHelp.Org/DC does not guarantee the accuracy of this information.

Lawyer Advertising
Information on this website is not intended to be used as advertisement of services or solicitation of business.  Before hiring any attorney, you should investigate his or her reputation and qualifications. 

Links
For your convenience, LawHelp.Org/DC contains links to other third-party sites.  We do not endorse or verify the accuracy of information on those sites and are not responsible for the contents of any of these third-party resources.  The inclusion of links on this site does not imply the endorsement, recommendation or approval of that site.

Deadlines
You may lose important legal rights if you do not obtain an attorney immediately to advise you. 
 

 

 

 
  Powered by ProBono.Net
LawHelp.org/DC is a project of the D.C. Consortium of Legal Service Providers with financial support provided by the D.C. Bar Foundation and the Legal Services Corporation.
Legal Services Corporation     2008 Webby Award Nominee    
 
  © 2001 - 2009, Pro Bono Net, All Rights Reserved

Bobby WorldWide Approved 508 Level A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0