Divorce does not always mean a courtroom battle. When spouses can agree on property, finances, and parenting, a divorce can move forward cooperatively and at lower cost. This is often called an “uncontested divorce,” but that term describes the spirit of the process, not a separate legal category. All divorces are filed the same way; some simply proceed more smoothly because the parties resolve disagreements before final orders are entered.
A cooperative divorce requires more than goodwill. It depends on complete financial disclosure, clear paperwork, and an understanding of what each spouse is signing. Many people assume that agreement means simplicity, but even one overlooked issue—such as a retirement account, a mortgage, or tax responsibility—can cause serious problems later. Courts expect fairness and accuracy in every filing, and errors can be expensive to correct after the decree is final.
Working with an attorney in an agreed divorce is less about conflict and more about protection. Counsel can confirm that all assets have been disclosed, identify rights you may not know you have, and ensure that the agreement complies with Washington law. A lawyer can also help finalize the case quickly by resolving remaining issues through negotiation or mediation.
For most couples, the goal is not just peace but permanence—achieving a fair, enforceable resolution that ends the marriage cleanly and minimizes future risk. An uncontested divorce can accomplish that when it is done carefully and correctly.
➡For general information about divorce visit our page Divorce in Washington State
Understanding Uncontested Divorce in Washington
What is an uncontested divorce in Washington?
An uncontested divorce occurs when both spouses reach full agreement on every issue—property, parenting, and support—before the case is filed. The petition and final orders are filed together as a joint package, and because no disputed pleadings are ever submitted, the court reviews the paperwork without a trial. It’s a cooperative process that still requires accuracy, disclosure, and formal approval from the court.
How is an uncontested divorce different from a contested divorce?
A contested divorce involves unresolved disputes—over money, property, or parenting—that require court intervention. An uncontested divorce avoids those battles, but only when both sides act transparently and follow legal procedures precisely.
What are the benefits of an uncontested divorce?
An uncontested divorce can be faster and less expensive because both spouses agree before filing. It avoids courtroom conflict and allows you to control the outcome. But it also leaves little room to correct mistakes later. Agreements reached without full financial review or legal advice often create future disputes. The true benefit is efficiency built on transparency and fairness—not simply speed.
Can an uncontested divorce become contested later?
Yes, but not easily. Once a written agreement is signed—or worse, filed with the court—it can be difficult or impossible to undo. Courts expect both parties to understand what they are signing and rarely set aside an agreement without proof of fraud, coercion, or major procedural error. People sometimes rush into “simple” divorces and later discover they gave up significant rights. If there are real issues involving property, parenting, or support, it’s safer to get legal advice before signing anything.
What happens if one spouse changes their mind after signing the agreement?
Once both parties sign and the court enters the decree, it is binding. Before entry, either spouse can withdraw consent, and the case proceeds as contested. After entry, only limited relief is available through a motion to vacate under CR 60(b).
Can we still file an uncontested divorce if we disagree about one small issue?
The term “uncontested divorce” isn’t a legal filing category in Washington. All divorces start the same way, but some proceed more smoothly because the spouses agree on most issues. If a few details remain unresolved—like dividing one account or handling a tax refund—the case can still move forward while those points are worked out through negotiation or mediation. The key is cooperation. A well-drafted agreement, completed before final orders are entered, allows the divorce to conclude efficiently without a trial.
Does the court ever reject an uncontested divorce agreement?
Yes. The court must find that the agreement is fair, complete, and consistent with Washington law. If the paperwork is incomplete or the terms appear one-sided, the court may require revisions or a hearing before entry.
How do I know if my uncontested divorce agreement is fair?
Fairness depends on full financial disclosure and informed consent. Attorneys often prepare or review proposed agreements to ensure both parties understand their rights before signing. Transparency now prevents future challenges.
Legal Representation and Fairness
Can my spouse and I share one attorney for an uncontested divorce?
No. One attorney cannot represent both spouses in a Washington divorce. Even in full agreement, each spouse has separate legal interests. One spouse’s lawyer may draft the paperwork, but that attorney represents only that client.
How does one-attorney representation affect fairness and disclosures in a divorce?
When one lawyer drafts the documents, they owe loyalty to their client—not both spouses. They can’t advise the unrepresented spouse. Full financial disclosure is still required, but each person should understand their rights before signing.
What rights may be compromised when sharing an attorney in divorce?
Without independent counsel, you might sign away property, retirement, or support rights you didn’t realize you had. “Uncontested” does not mean “uninformed.” Having your agreement reviewed by your own attorney protects you from unintended loss.
Timing, Costs, and Requirements
How long does an uncontested divorce take in Washington?
Washington law requires a 90-day waiting period after the petition is filed and served. If all documents are complete and both parties sign, the case can be finalized immediately after that period ends. Most uncontested divorces close between 3 and 4 months.
What is required to file an uncontested divorce agreement?
You must file a Petition for Dissolution, Joinder, Final Orders, and all relevant financial and parenting documents. Then you wait for 90 days for the next round of filings. At that point you can file a Final Divorce Order and any final orders for parenting such as a Parenting Plan and Child Support. Both parties sign the final orders, and the court reviews them for fairness before entering the decree. Many courts can provide you with a packet of documents or you can download them from the Washington Courts Forms Website.
➡For more information about the divorce process visit our page Divorce Costs and Process
Can we file an uncontested divorce without going to court?
The divorce itself must be filed with a Superior Court in the State of Washington, but whether you will have to go and speak in court will depend on which county you file in. A Judge of the Superior Court will also be the person who signs your Final Divorce Order or Decree. Courts will finalize agreed cases on the papers after the 90-day waiting period, while many still require at least a brief hearing to confirm status, parenting terms, or corrections. Plan on appearing unless you’ve confirmed with the clerk or local rules that your county permits paper review; your attorney can check the local practice and set the appropriate calendar.
Do I have to attend a hearing if we both agree?
Attendance depends on the local court’s procedure. Some Washington counties finalize agreed divorces through written review, but others require one or both spouses to appear—especially if children or complex finances are involved. Your attorney can check your county’s rules, coordinate any required presentation, and make sure all declarations and proposed orders are ready before the final hearing or review date.
What happens if my spouse doesn’t file the paperwork correctly?
The court may reject or delay the case. Errors or missing documents can reset deadlines or create enforceability issues later. We’ve seen a lot of people who thought they were divorced, but weren’t because they didn’t follow all of the needed steps to finish. It’s best to have an attorney review or prepare the final packet before submission.
How much does an uncontested divorce cost in Washington?
Agreed divorces are always less expensive than contested ones because they avoid court hearings and ongoing disputes. In theory, if you fully trust your former spouse to handle everything fairly, you could complete the process yourself and save the most money. That means it will cost you time and the filing fee that the court determines for filing a divorce petition.
In practice, that trust can be costly. Many people later discover that they waived valuable rights—such as a share of a retirement account or equity in a home—because no attorney reviewed the agreement or verified full financial disclosure. We see our role when helping shepherd through an unconteted divorce as advisors to ensure our clients fully understand the meaning of documents and we can help ensure that the agreement and intentions of the parties are captured in court orders. Uncontested divorces range from $3,500 to $6,000 at Pacific Northwest Family Law. This depends on the complexity and number of issues that need to be addressed (animosity is always minimal for uncontested divorces).
➡For more information about the costs of divorce visit our page Divorce Costs and Process
What happens if circumstances change after an uncontested divorce?
Parenting plans, child support, or spousal maintenance can be modified when circumstances substantially change. Property divisions, however, are final once entered. That’s why getting the details right the first time is critical.
For information about modifying custody orders see our page on Parenting Plan Modifications
For information about post decree pages see our page on Post Decree Modification
Next Steps: Make Agreement Work for You
An agreed divorce can save time, money, and stress—but only when it is handled with care. The paperwork you sign today determines your financial and legal future, and once the decree is entered, most terms cannot be undone.
Before filing, take time to verify all assets, review disclosures, and understand each document you’re signing. A short consultation with an attorney can reveal rights or opportunities that might otherwise be lost—especially involving retirement accounts, real estate, or long-term support.
At Pacific Northwest Family Law, we help clients turn agreement into lasting resolution by ensuring every detail is clear, complete, and enforceable. With the right preparation, you can close this chapter with confidence and without regret.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025.