Uncontested Divorce

How an Uncontested (Non-Contested) Divorce Works

In a non-contested divorce, one spouse—called the plaintiff—files a complaint for divorce along with the necessary forms with the court. The other spouse—the defendant—chooses not to respond to the plaintiff’s complaint. Because the defendant does not file an answer contesting the matter, the case proceeds as uncontested.

The Waiting Period Before the Final Hearing

Once the defendant has been served with the divorce papers, the court must wait at least 42 days before scheduling the final uncontested hearing. This statutory waiting period is built into the timeline of every uncontested case.

The Final Hearing — Who Attends

The plaintiff, along with one witness, testifies at the final hearing. The defendant is not required to attend, and in most uncontested cases the defendant does not attend. After hearing the plaintiff’s testimony, the court reviews the final divorce decree and signs it, completing the divorce.

Flat-Fee Billing

For a non-contested divorce, Pirnia Law Office usually charges a flat fee—so you know the cost up front, without the uncertainty of hourly billing. Call the office to discuss your situation and current pricing.

A Full Divorce, Even When It Is Uncontested

An uncontested case still ends in a divorce decree. When there are children, the decree allocates parental rights and responsibilities and parenting time under R.C. 3109.04 and R.C. 3109.051, and it divides marital property and debts under R.C. 3105.171—the same standards that apply in a contested case.

Putting the Agreement in Writing

In a non-contested case the spouses have usually reached their own terms, and the decree is built from those terms. R.C. 3105.171(F)(8) lists “any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses” among the factors the court considers, and R.C. 3105.171(I) provides that a property division is not subject to later modification except upon the express written consent or agreement of both spouses. That is a good reason to have the agreement reviewed before it is filed: the terms are intended to be final.

If the Other Spouse Responds, the Case Becomes Contested

An uncontested divorce depends on the defendant not contesting the matter. If the defendant files an answer, the case becomes a contested divorce, and any issue the spouses have not agreed on—property, support, or the allocation of parental rights and responsibilities—is decided by the court under the applicable statutes. If shared parenting is going to be requested, a motion and a plan have to be filed; see Shared Parenting vs. Sole Custody in Ohio.