What to Expect at Uncontested Divorce Hearing

Divorce is a complex and legally challenging time in people’s lives, made more difficult by disagreements over property, children, and finances. While uncontested divorces are often simpler and faster than contested divorces, they still require preparation, expectation, and legal know-how.

This article will take you through typical court proceedings, what documents to bring, and how to best prepare for the judge’s questions. If your relationship with your ex-spouse is amicable, even positive, the legal process can complicate matters. You don’t want to be caught unawares if your former partner has a change of heart. However, uncontested divorce hearings are typically short, involving a few questions under oath and signing the final divorce agreement.

What Is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on all major issues, like property division, child custody, and support. This type of divorce is typically faster, less expensive, and less stressful than a contested case.

Some divorces are contested from beginning to end, and typical areas of conflict are property and debt division, child custody and child support, parenting time, even pet custody and property management. 

Divorces without minor children, major property, or assets contain the least amount of friction. Couples who share assets are more likely to have disagreements during the divorce process that will require court dates and lawyers.

There are some divorces where both parties agree in major areas but disagree on minor topics. This still requires negotiation, and may necessitate mediation to resolve their differences. Uncontested divorces can result from initially contentious ones, but the disagreements have been resolved.

While uncontested divorces don’t require lawyers, retaining one may be in your best interest. Circumstances may dictate revisiting a divorce settlement in the future, and, minimally, divorcing spouses should hire a lawyer to review the initial settlement agreement. Even if you and your ex-spouse agree on everything, if minor children or assets are involved, it’s a good idea to have a lawyer on your side. 

Uncontested divorces are not a “free pass” from a judge. The law still requires reviewing and signing divorce agreements. If there is anything unconscionable or problematic, the judge may demand that you rework your agreement, though this is rare.

In Washington State, an uncontested divorce or Dissolution of Marriage requires a 90-day waiting period, after which the judge will finalize the divorce.

What Are the Important Issues an Uncontested Divorce Addresses?

Uncontested divorces are inherently cooperative, but couples must still resolve major legal and financial issues, even if there are no disagreements. Resolving important issues is the basis of a divorce decree and must be presented clearly at the divorce hearing.

Child Custody, Visitation, and Parenting Time

Parents must agree on custody arrangements, visitation schedules, and parenting plans. The court will ensure these decisions serve the child’s best interests, and even if the parents agree, disagreements may arise from the judge.

Child Support

Child support amounts are typically determined using state guidelines. Both parents must agree on the terms for the order to be approved. Parents can increase or decrease the recommended amount as long as it’s reasonable.

Spousal Support

Alimony and other spousal support may be included in the divorce terms, depending on the length of the marriage, income disparity, and agreements made by both parties. 

Assets, Debts, and Division of Property

Both parties must agree on how to divide marital property, assets, and debt. Full financial disclosure is important to avoid future disputes. The courts will look for a fair division of assets, and in most uncontested divorces, the judge will ensure an equitable settlement. Court considerations involve both parties’ income earned during marriage, income capacity, the age of each party, general education level, and health.

The parties have leeway over inheritances and acquired property, joint bank accounts, and other items, as long as these divisions are reasonable. Property gained before marriage is not automatically marital, though certain items may be if there were contributions during marriage.

Preparing for Your Uncontested Divorce Hearing

The court requires specific documents to ensure all agreements are fair and legally sound, even in uncontested divorces. Here’s how you can prepare for your uncontested divorce hearing, regardless of your relationship with your ex-spouse.

Complaint for Absolute Divorce

This is the initial document filed to start the divorce process. It outlines the grounds for divorce and formally asks the court to grant it. This process is also simpler than serving papers to your ex-spouse during a contentious divorce, as the papers can easily be signed together amicably during an uncontested divorce.

Comprehensive Settlement Agreement

The comprehensive settlement agreement document details the couple’s agreement on all potential major issues, including custody, support, property division, and debts. Judges review this agreement closely to ensure fairness.

Detailed Financial Statement

This statement provides a full picture of both spouses’ finances, including income, expenses, assets, and debts. Accuracy is important here to avoid delays or complications, and ensure you don’t have to return to court at a later date.

Child Support Guidelines Worksheet (if applicable)

When children are involved, courts require this worksheet to confirm that child support is correctly calculated according to Washington State guidelines. You can download the Washington State Child Support Schedule Worksheets online, and any additional worksheets necessary to file with the courts.

Proposed Judgment of Absolute Divorce

This is the final order submitted to the judge for approval, which summarizes all terms of the divorce. Once approved, this legally finalizes the divorce. The Proposed Judgment of Absolute Divorce is prepared by one uncontested divorce attorney, and covers property division, debt allocation, and child/spousal support. This is reviewed by the other party to see if it reflects the judge’s decisions from the trial before it’s signed.

What to Expect During Your Uncontested Divorce Hearing

This step-by-step overview of the hearing process details what to expect during your uncontested divorce hearing. They are usually short, straightforward, and less stressful than contested trials, involving affirmations from both parties, signatures before the judge, and a Final Decree of Divorce.

Skyview Law can help you prepare for the hearing if there is any aspect where you might need legal representation.

Swearing-in Ceremony

Both parties, or at least the filing spouse, will be sworn in under oath to confirm that all testimony is truthful.

Verification of Divorce Complaint and Settlement Agreement Information

The judge will review the divorce complaint and settlement agreement, ensuring all details are accurate and legally valid.

Brief Testimony From the Filing Spouse

The filing spouse will give a short testimony confirming the marriage, grounds for divorce, and agreement terms. This is usually a quick and simple process.

Potential Questions From the Judge

Judges may ask questions during the proceedings, such as confirming the voluntary agreement, the fairness of the terms, or ensuring the best interests of the children. They may ask questions about finances, property, etc.

Granting of the Divorce and Signing of the Final Decree

Once the judge is satisfied, they will officially grant the divorce and sign the Final Decree, making the divorce legally binding. Typically, this is the final step of the process.

After Your Uncontested Divorce Hearing

Once your uncontested divorce hearing is finalized, the judge will sign and file the Final Decree of Dissolution to legally end the marriage. This process takes a minimum of 91 days in Washington State from the initial petition filing. The judge reviews your settlement agreement, covering all agreed-upon issues, including property division and child custody. 

Your uncontested divorce attorney can help you navigate any remaining post-divorce tasks, including obtaining copies of the settlement agreement, updating you on what steps to follow for financial accounts, custody schedules, and legal documents.

The Role of the Judge in Finalizing Uncontested Divorce

In an uncontested divorce, the judge plays a crucial role in reviewing agreements to ensure they are fair, lawful, and in the best interests of any children involved. The judge’s responsibility is to safeguard both parties’ rights and confirm that the settlement was entered voluntarily. Their role is pivotal to finalizing the process, with a primary responsibility to ensure the divorce agreement between ex-spouses is fair, equitable, and voluntary.

A judge will typically ask questions during the hearing, levelled at both parties to confirm the details of the agreement and ensure that both parties fully understand the implications. These questions range from validating signatures to confirming fairness, and they will use their power to verify that the uncontested divorce agreement encompasses the settlement.

Questions can include “What is the reason for the divorce?” and “What was the date and place of the marriage?” In some ways, this is a competency hearing, to ensure everything complies with Washington State law. The judge then signs a Judgment of Divorce, concluding the process.

How Long Can an Uncontested Divorce Process Take?

While these cases are much quicker than contested divorces, court scheduling, paperwork accuracy, and state-specific waiting periods (such as the Washington State 90-day waiting period) can affect timing.

Uncontested divorces don’t involve issues present in contested divorces, and so the court doesn’t have to make decisions, which expedites the process. This can save couples time and money, though navigating the court process may still be challenging for those unfamiliar with the system. Speaking with an experienced Family Law attorney can help you and your spouse understand the process, and can work with you to protect your best interests.

Benefits of Getting an Uncontested Divorce

Faster and More Efficient Process

Uncontested divorces typically move through the system quickly, saving months (or years) compared to contested divorce cases. Since both parties agree on all major issues, multiple court hearings, depositions, and delays are unnecessary. An uncontested divorce can be finalized in weeks or months, usually delayed only by the Washington State waiting period and scheduling.

This faster timeline is beneficial when children are involved, allowing families to move forward without spending time and money on legal battles that cause conflict and emotional distress.

Legal Costs Are Lower

Uncontested divorces result in significant savings, skipping out on court costs, time away from work, and attorney fees. Even when hiring an attorney is recommended, the total cost for an uncontested divorce is far less than a contested divorce, making it the more affordable option.

Less Emotional Stress and Conflict

Avoiding prolonged disputes reduces tension and emotional toll for spouses and children, leading to a healthier post-divorce transition that often times leaves the family unit intact. It minimizes future disagreements, resulting in fewer arguments and no public airing of personal grievances. This sets the stage for a cooperative post-divorce relationship that improves the ground of co-parenting.

Spouses Have More Control Over the Outcome

Couples, not the court, decide on custody, support, and property division, giving them more influence over their future. The Washington State judge will determine the equity and eligibility of these divisions.

Increased Privacy

Uncontested divorces typically involve less courtroom exposure and public record details, allowing more discretion for both parties. Contested divorces can include financial disclosures and custody disagreements on record that are accessible to the public. In uncontested divorces, couples maintain control over their personal information and can avoid details that might make their private lives on display. For professionals, business owners, and public figures, the confidentiality layer can be a primary reason to pursue an uncontested resolution.

Frequently Asked Questions

What will the judge ask me at my uncontested divorce hearing?

Judges typically ask straightforward questions to confirm agreement, voluntariness, and accuracy of the settlement terms. This isn’t an interrogation—the judge issues this formality to ensure fairness and equity, supporting the civil agreement of the uncontested divorce.

How will I know about my uncontested divorce hearing?

The court will notify both parties of the hearing date by mail or via their attorney. Keeping contact information up to date with the court is important—keeping track of dates and documents is one feature that your lawyer will handle. 

Who has to be at the hearing? Does my spouse have to be there?

While usually only the filing spouse(s) must attend, some Washington State jurisdictions may require both parties.

What else should I know about the hearing?

Your attorney can help you prepare for your hearing, but if you’re going it alone, it’s important to bring along a copy of your marriage certificate, any additional evidence if you were married by common law, birth certificates for your children, any evidence of visitation or child support, etc.

You should arrive early, check in with the Courtroom Clerk, and have a seat in the courtroom. The judge will write up your divorce order and may provide a copy at the hearing; otherwise, they’ll mail it to you.

Why Choose Skyview Law for Your Uncontested Divorce?

Skyview Law is a trusted partner for guiding clients through uncontested (and contested) divorces with ease and confidence. With over a decade of experience in Washington State Family Law, Skyview Law’s attorneys are committed to protecting the interests of every client, with a fully supportive approach that reduces stress, provides information, and ensures positive outcomes during a difficult time. Contact us today to learn more.

Take the Next Step: Contact Our Divorce Lawyers Today

No matter what legal difficulties you face, Skyview Law is on your side. Reach out to us immediately if you’re dealing with divorce, adoption, child custody, or other Family Law difficulties. Our experienced guidance, reduced stress, and smoother uncontested divorce process are available to you.

Our team of top-caliber lawyers is attentive, responsive, and diligent. They are consummate professionals who are qualified to manage every phase of your Family Law case. More importantly, they are high-quality, attentive, and have a proven track record.

We believe in the importance of family, and we are committed to protecting what our clients value the most. Schedule a Free Case Review today to protect your rights and move forward with confidence.