File for Uncontested Divorce Online, Complete State-by-State Guide, Costs, and Step-by-Step Instructions Revealed

Yes, you can file for uncontested divorce online in most US states through court e-filing systems or third-party document preparation services. Uncontested means both spouses agree on all terms including property division, child custody, support, and alimony. Requirements include meeting state residency rules, completing state-specific forms, and paying filing fees typically ranging from $125-$435.

Can You File for Divorce Online? State Availability

Online divorce filing availability varies dramatically across the United States. Some states allow filing through court-approved electronic filing service providers (EFSP), while others limit online filing to specific counties.

States with Robust E-Filing Systems:

California residents can file through the Superior Court using approved EFSPs. Texas and Illinois offer uncontested divorce filing through state-approved platform 1eFile. New York provides NYSCEF (New York State Courts Electronic Filing system) in some counties.

Two Distinct Online Divorce Methods:

Court e-filing portals allow direct electronic submission to courts. These systems require creating accounts, uploading properly formatted PDFs, and paying electronic filing fees.

Third-party divorce document services prepare customized forms based on your information but don’t file directly with courts. You receive completed paperwork to file yourself or through mail.

States with Limited Online Filing:

For most states, online divorce filing is limited to a few counties and localities. Many states still require in-person or mailed submissions to county clerks.

What Qualifies as Uncontested Divorce?

An uncontested divorce occurs when there are no disagreements between you and your spouse over any financial or divorce-related issues including child custody and support, division of marital property, or spousal support, and your spouse either agrees to the divorce or fails to appear.

Requirements for Uncontested Status:

Both spouses must agree on every major issue without court intervention. Custody, child support, visitation, spousal support, division of assets, and division of debt must all be settled.

Your spouse consents to the divorce terms or doesn’t respond after proper service. No disputes requiring judicial determination exist.

When Online Divorce Won’t Work:

If your divorce is contested, pursuing an online divorce is not ideal—a contested divorce means you and your spouse disagree on significant issues like custody, support, and property division, requiring court intervention.

Complex financial situations involving businesses, significant assets, or hidden asset concerns require attorney involvement. If you have to consider whether you can trust your spouse to maintain effective communication and not hide assets, filing for divorce online is a mistake.

Eligibility Requirements for Online Filing

Meeting specific legal requirements determines whether online divorce filing is available.

Residency Requirements

Every state mandates minimum residency periods before filing. Most states have a six-month residency requirement, though it can range from six weeks to as much as two years.

In California, you or your spouse must have been a resident of the state for at least six months and of the county for at least three months before filing. Colorado requires either spouse to have been domiciled in the state for at least 91 days before filing.

Texas requires one spouse to have been a continuous resident of the state for six months and the filing county for 90 days. North Carolina requires not residing in the same residence for at least one year and at least one spouse must have resided in NC for at least six months prior to filing.

No Contested Issues

All marital issues must be resolved through agreement before filing online. Courts cannot adjudicate disputes through online-only processes.

Proper Grounds for Divorce

You must have a ground or legal reason for divorce, such as the marriage is broken, you have a legal separation, or there was cheating, cruelty, or abandonment. All states now offer no-fault divorce options eliminating the need to prove wrongdoing.

Minor Children Considerations

Cases involving children under 18 require additional forms addressing custody, visitation, and child support. Some states mandate parenting classes before finalizing divorces involving minor children.

State-by-State Online Filing Systems

Understanding your state’s specific electronic filing capabilities prevents wasted time and effort.

California

California courts use approved EFSP vendors for electronic filing. California has a six-month waiting period from the date of service before a divorce can be finalized. Los Angeles, San Diego, and most counties accept e-filed documents.

New York

In some courts, you can file papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. If you have no children under 21 and your marriage has been over for six months or more, you can use the DIY Uncontested Divorce Program to make your papers.

New York requires filing with the County Clerk’s Office, and an uncontested divorce costs at least $335 in court filing fees.

Texas

Texas provides options to file for uncontested divorces online via state-approved platform 1eFile. At least one spouse must have been a resident of Texas for a continuous six-month period before filing, and at least one spouse must have been a resident of the county where the divorce is being filed for at least 90 days prior.

Illinois

Illinois provides options to file for uncontested divorces online via state-approved platform 1eFile. Illinois has a 90-day waiting period from the date divorce papers are served to the other party.

Florida

Florida has a 20-day waiting period after filing for divorce for cases without children. Electronic filing availability varies by county. Check with your specific circuit court for e-filing options.

Colorado

Colorado has a 91-day waiting period after filing for divorce. Either you or your spouse must have been domiciled in the state for at least 91 days just before you filed your divorce papers.

New Jersey

New Jersey requires filing all forms and the $300 filing fee for plaintiffs, with defendants paying a $175 filing fee. The state offers relatively streamlined processes for uncontested divorces without mandatory waiting periods.

Step-by-Step: How to File Divorce Online

Follow these sequential steps to successfully complete online divorce filing.

Step 1: Verify Eligibility

Confirm you meet residency requirements for your state and county. Ensure all marital issues are resolved and your spouse agrees to terms or will not contest.

Step 2: Gather Required Information

Make sure vital information is included such as names, addresses, social security numbers, the date and location of your marriage, the names and birthdates of your children, and what property you are dividing.

Collect supporting documents: marriage certificate, financial statements, tax returns, property deeds, vehicle titles, bank account statements, retirement account information, and debt documentation.

Step 3: Choose Filing Method

Decide between court e-filing portal or third-party document preparation service. Court portals require technical proficiency with PDF formatting and electronic submission. Third-party services simplify form completion but charge service fees.

Step 4: Complete Required Forms

Check your state’s court site or ask your county clerk which forms you need—different forms can be required within states, so make sure you prepare all forms needed for an uncontested divorce in your county.

Common forms include: Petition/Complaint for Divorce, Summons, Financial Disclosure Statement, Settlement Agreement, Child Custody and Support forms (if applicable), Certificate of Service, and Judgment of Divorce.

Step 5: Review for Accuracy

Write your name the exact same way on each document to avoid rejections. The most common paperwork errors are misspelled or just plain wrong names, addresses, dates, or Social Security numbers—all details must match official records exactly.

Verify all financial disclosures are complete and accurate. Individuals may delay or even damage their divorce proceedings by omitting important details or documents.

Step 6: File with Court

If using e-filing portal, upload documents in required formats (typically PDF). Pay filing fees electronically. If using document service, follow their instructions for court submission—some mail documents on your behalf, others provide instructions for you to file.

Step 7: Serve Your Spouse

The defendant must be told of the divorce case in person through service. Most states prohibit self-service—you cannot personally deliver divorce papers to your spouse.

Hire professional process server, use certified mail with return receipt (where permitted), or arrange sheriff’s service. Retain proof of service—this document must be filed with the court.

Step 8: Wait for Response Period

When one spouse serves the other with divorce papers, the other spouse has 30 days to respond. People who don’t respond to divorce papers within 30 days could cause case dismissal.

If spouse agrees or doesn’t respond within the deadline, proceed with finalizing divorce. If spouse contests, the case becomes contested requiring different procedures.

Step 9: Submit Final Documents

If you have young children, you may have to file additional forms. Complete and file remaining paperwork including Affidavit of Service, Final Judgment of Divorce, and any required financial certifications.

Step 10: Attend Hearing (If Required)

If the court schedules a hearing, it will send you and your spouse a notice to appear—you must appear at this hearing. Some jurisdictions waive hearings for truly uncontested cases with complete documentation.

At the hearing, if the judge approves the divorce, they sign a Judgment of Divorce. After judicial approval, your divorce becomes final.

Required Documents and Forms Checklist

Universal Documents (All States):

• Petition/Complaint for Divorce
• Summons
• Financial Affidavit/Disclosure Statement
• Marital Settlement Agreement
• Certificate/Affidavit of Service
• Final Judgment/Decree of Divorce

Cases with Minor Children:

• Parenting Plan/Custody Agreement
• Child Support Calculation Worksheet
• Children’s Information Affidavit
• Parenting Class Completion Certificate (required in many states)

Financial Documentation:

• Last 2-3 years tax returns
• Recent pay stubs
• Bank statements (all accounts)
• Investment account statements
• Retirement account statements
• Property deeds and mortgage statements
• Vehicle titles and loan documents
• Credit card statements
• Business financial statements (if applicable)

Supporting Documents:

• Marriage certificate
• Birth certificates of all minor children
• Prenuptial or postnuptial agreements (if applicable)
• Prior court orders affecting custody or support
• Documentation of separate property

Settlement Agreement if you have one requires a $35 fee to file the agreement in New York. Check your county’s specific requirements as additional forms may be necessary.

Online Divorce Platforms vs. Court E-Filing

Third-Party Document Preparation Services

These platforms guide you through questionnaires and generate customized divorce forms based on your answers. They don’t provide legal advice or represent you in court.

Popular Platforms and Pricing:

OnlineDivorce.com charges one-time fees varying by state, typically $139-$299. Complete Case has 19 years of experience, offers immediate access to completed documents via PDF, and provides a court acceptance guarantee with 100% money-back guarantee if documents are not accepted.

Online Divorce costs $139 to prepare quality divorce forms without a lawyer. Affordable uncontested divorce online for $129 plus the court fee with guaranteed court acceptance and free revisions.

Hello Divorce offers a range of services with the average cost of $1,500—huge savings compared to the national average of $20,000, and 92% of paid users get through their divorce without having to go to court.

Court E-Filing Portals

Direct electronic filing systems maintained by state courts. Documents must be filed via approved electronic filing service provider (EFSP).

Advantages: Direct court submission, immediate filing confirmation, faster processing times, reduced paper handling.

Disadvantages: Requires technical knowledge of PDF formatting, strict file naming conventions, complex bundling rules, no guidance on form completion.

Hybrid Approach

Use third-party service for document preparation, then file completed forms through court e-filing portal yourself or hire paralegal service for electronic submission.

Cost Breakdown: DIY Online Filing vs. Attorney Services

DIY Online Divorce (Uncontested):

Third-party document service: $129-$299 Court filing fees: $125-$435 depending on state Service of process: $50-$125 Notary fees: $10-$25 per document Copying/mailing: $10-$30 Total estimated cost: $325-$900

Online Divorce Platform with Filing Assistance:

Platform fees: $500-$1,500 Court filing fees: $125-$435 Total estimated cost: $625-$2,000

Attorney-Handled Uncontested Divorce:

Flat-rate attorney fees: $1,500-$5,000 Court filing fees: $125-$435 Total estimated cost: $1,625-$5,500

Several North Carolina law firms handle uncontested divorces for a total flat rate fee of around $395. This demonstrates that attorney-assisted uncontested divorces can sometimes cost less than expected.

Contested Divorce with Attorney:

Hourly attorney fees: $200-$500 per hour Total attorney time: 20-100+ hours Court filing fees: $125-$435 Expert witnesses, depositions, discovery costs Total estimated cost: $5,000-$50,000+

Contested divorces can cost on average $11,000 in lawyer fees.

How Long Does Online Divorce Take?

Timeline depends on state waiting periods, court processing speed, and case complexity.

Minimum Processing Times by State:

Alabama requires 30 days after filing, Alaska 30 days, Arizona 60 days, Arkansas 30 days, Colorado 91 days, Connecticut 90 days, Delaware 180 days, Florida 20 days for cases without children.

Hawaii requires 21 days, Idaho 21 days, Illinois 90 days from service date, Indiana 60 days, Iowa 90 days after service, Kansas 60 days, Kentucky 60 days.

California has a six-month waiting period from the date of service before divorce can be finalized. This represents one of the longest mandatory waiting periods.

Realistic Timelines:

Simple uncontested divorce (no children, minimal assets): 2-4 months from filing to final decree

Standard uncontested divorce (children, moderate assets): 3-6 months

Uncontested divorce in states with long waiting periods: 6-12 months

Contested divorce: 12-24+ months

Factors Affecting Timeline:

Court backlog in your jurisdiction. Inefficient or backlogged court systems extend divorce timelines.

Accuracy and completeness of initial filing. Mistakes that seem minor still have the potential to cause delays when discovered—courts are often backed up, so even a small mistake can result in your paperwork being pushed to the back of the line and extend your divorce timeline by weeks or months.

Time to serve spouse and receive response. Mandatory parenting classes or mediation sessions. Financial disclosure exchange timing.

Service of Process When Filing Online

Proper service of divorce papers on your spouse is legally required and cannot be skipped.

Service Methods:

Professional process server delivers documents personally and files proof of service. Cost ranges $50-$125 depending on location and difficulty locating spouse.

Service must still be done by another person and can be mailed after the initial service in some jurisdictions for subsequent documents.

Sheriff’s department performs service in most counties for $40-$75. Certified mail with return receipt (only permitted in some states for certain document types).

Service Timeline:

Most states require serving spouse within 120 days of filing. Failure to serve timely may result in case dismissal.

Failing to serve your spouse promptly after filing causes timing issues and frequent frustration.

Proof of Service:

Person who served documents completes Affidavit/Certificate of Service detailing when, where, and how service occurred. This document must be filed with court before proceeding.

Without filed proof of service, courts cannot enter default judgments or schedule final hearings.

Alternative Service:

If spouse cannot be located after diligent search, courts may permit service by publication in newspaper. This requires additional court motion and evidentiary showing.

Common Mistakes That Delay Your Filing

Avoiding these errors saves months of frustration and prevents case dismissal.

Formatting and Technical Errors

Common mistakes like incorrect file formats, improper document naming, and bundling errors can cause filing to be rejected, delaying your divorce process.

Alameda County requires electronic filing with strict formatting and filing rules—a single missing signature, an unchecked box, or an outdated form can lead to immediate rejection.

Name Inconsistencies

Many people get their divorce documents rejected because they’re not consistent with their names—they may write just their first and last name on one document and then add a middle name on other documents.

Incomplete Financial Disclosures

The court requires financial disclosures in every divorce case including income information, assets, debts, recent pay stubs, and tax returns or summaries—skipping or rushing this step will delay approval.

Some people fail to list all assets they own, just listing their home and not including things like investment funds and bank accounts. People also make the mistake of not including all debt they have on divorce paperwork.

Missing Required Forms

Another common error is failing to complete all required information on divorce forms or failing to submit one or more of the documents required for divorce.

California requires a six-month waiting period after filing before divorce can be finalized—failing to understand this requirement can delay the divorce process or cause frustrations.

Incorrect Dates

Separation dates, marriage dates, and filing dates must be accurate and consistent across all documents. Mistakes or omissions in reporting of finances or property represent more serious errors.

Missing Deadlines

Florida law imposes strict deadlines—a respondent spouse has 20 days to respond to the other spouse’s petition. Failing to file responses within time frames could lead to significant delays and in some cases to dismissal of the case.

Incorrect Address Information

Some people don’t mention their new addresses on divorce paperwork—if incorrect address is listed, you won’t receive notifications of important court dates, causing you to miss them and possibly get your case thrown out.

Do You Need to Appear in Court?

Court appearance requirements vary by state and case specifics.

States Waiving Hearings:

Many jurisdictions waive final hearings for truly uncontested divorces where all paperwork is complete and accurate, both spouses signed settlement agreements, and no minor children are involved or parenting plans are comprehensive.

When Hearings Are Required:

If the court schedules a hearing, you must appear. Cases involving minor children often require brief hearings to ensure custody arrangements serve children’s best interests.

Judges may schedule hearings when reviewing complex property divisions or substantial alimony awards. Some states mandate hearings for all divorces regardless of agreement.

Virtual Hearings:

Courts increasingly adopting virtual hearings, allowing people to attend remotely via video conferencing. This development accelerated during COVID-19 and many courts have maintained virtual options.

Check your court’s local rules regarding virtual appearance availability and technology requirements.

Hearing Preparation:

Bring photo identification and original marriage certificate. Review all filed documents before appearance. Prepare to answer judge’s questions about settlement terms and voluntariness of agreement.

After Filing: What Happens Next

Understanding post-filing procedures prevents anxiety and confusion.

Immediate Confirmation

Electronic filing systems provide instant confirmation with case numbers. Paper filings may take 1-3 weeks for case number assignment.

Waiting Period Begins

State-mandated waiting periods start from filing date or service date depending on state law. During this time, gather additional required documents, complete parenting classes if required, and prepare final paperwork.

Spouse Response Period

After service, your spouse has 20-30 days (varies by state) to respond. If spouse doesn’t respond, wait 40 days from service date then file remaining papers in some jurisdictions.

If spouse files Answer agreeing to terms, proceed with finalizing divorce. If defendant contests by filing an Answer stating opposition, your divorce is not uncontested and you should get legal help for contested divorce.

Financial Disclosure Exchange

Both parties complete and exchange detailed financial disclosure forms. This process typically occurs 30-60 days after initial filing.

Final Document Submission

After waiting period expires and all requirements are met, submit final documents including proposed Judgment of Divorce. Depending on the county, file papers at County Clerk’s Office or Supreme Court Clerk’s Office.

Judicial Review

Judge reviews all submitted documents, settlement agreements, and financial disclosures. If everything is in order, judge signs Judgment of Divorce.

Final Decree Issuance

After judicial approval, serve the defendant a copy of the signed judgment and complete another Affidavit of Service—after this, your divorce is legal and final.

Obtain certified copies of final decree for your records. These documents are necessary for name changes, property transfers, and benefit modifications.

Recent Updates to Online Divorce Procedures

Expanded E-Filing Availability

In 2023, 43% of divorce cases were initiated online, demonstrating significant growth in digital divorce filing. Many courts expanded electronic filing capabilities during COVID-19 pandemic and maintained these systems.

Digital Payment Options

Courts increasingly accept electronic payments for filing fees through credit cards, debit cards, and ACH transfers, eliminating need for checks or money orders.

Virtual Mediation Services

Online platforms designed for separated parents help coordinate schedules, share documents, and reduce conflict—some tools use AI to flag messages that could escalate tensions.

Document Automation

AI-powered tools can now analyze large volumes of documents to identify relevant details, draft initial versions of standard legal forms, and help estimate likely financial outcomes based on previous cases.

State-Specific Innovations

The UK’s online divorce application system launched by the government allows couples to file for divorce digitally through the GOV.UK online divorce portal where couples can complete forms, upload documents, and track progress without visiting a courtroom. Similar systems are expanding across US jurisdictions.

Frequently Asked Questions

Can I file for divorce online if my spouse lives in another state?

Yes, as long as you meet your state’s residency requirements. Meeting a state’s residency requirement gives the court power to grant the divorce itself, but doesn’t automatically grant authority to decide related financial matters especially when one spouse lives out of state. Your state may lack personal jurisdiction over out-of-state spouse for property and support issues.

What if I don’t know where my spouse is located?

If you don’t know where your spouse is and are unable to have the divorce summons served upon them personally, there may be alternative methods of service for which you may need attorney services. Courts can authorize service by publication after proving diligent attempts to locate spouse.

How quickly can I remarry after online divorce is finalized?

Most states allow remarriage immediately after final decree is entered. Some states impose waiting periods: Some laws ban divorcing couples from remarrying for a certain period after divorce. Check your state’s specific remarriage restrictions.

Do online divorce services provide legal advice?

No. The document company does not act as your attorney—you may want to have an attorney review your documents, especially if your case involves a lot of property or expensive property. These services prepare documents based on your information but cannot advise on legal strategy.

What happens if the court rejects my online filing?

If documents are rejected due to formatting errors, you must correct the issues and resubmit. Courts may require filing amended documents through specific motions explaining what has been changed and why the revision was necessary. Some online services guarantee court acceptance with free revisions.

Can I use online divorce if we have a prenuptial agreement?

Yes, prenuptial agreements typically simplify divorce by predetermining property division and spousal support. Include the prenuptial agreement as an exhibit to your settlement agreement when filing.

Is online divorce legally valid in all states?

Online divorces can be legitimate if conducted through reputable platforms or official court websites. The divorce decree itself is identical whether filed online or in person—what matters is proper jurisdiction, complete documentation, and judicial approval.

Resources

• New York State Courts E-Filing – NYSCEF electronic filing system
• California Courts Self-Help – Official California divorce forms and guides
• Texas Online Divorce Portal – Texas divorce resources and forms
• Illinois eFiling – Illinois state court e-filing portal (1eFile)
• Florida Courts Divorce Information – Official Florida divorce forms
• New Jersey Courts Divorce – New Jersey divorce self-help resources
• National Center for State Courts – Information on state court systems and procedures
• American Bar Association Family Law Resources – Legal guidance and attorney referrals

This article provides general legal information about online divorce filing and does not constitute legal advice. Divorce laws and online filing procedures vary significantly by state and individual circumstances. Consult a qualified family law attorney in your jurisdiction for advice specific to your situation.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah