An uncontested divorce is a divorce in which both spouses agree on the main terms before the case is filed. Those terms usually include how property and debts will be divided, whether either spouse will pay spousal support, and, if there are minor children, a parenting plan and child support.

You may also hear this called an agreed divorce or a stipulated divorce. “Stipulated” is the legal term many courts use for an agreement the parties have already reached. “Uncontested” and “agreed” describe the same idea in plain language: both spouses are willing to sign the same set of documents.

An uncontested divorce is usually faster and less expensive than a contested case because the spouses are not asking a judge to decide the disputed issues. It still has to meet Montana’s requirements. The documents have to be complete, both spouses have to sign, and the court has to approve the agreement.

DoUsPart is built for this situation. You answer questions. Court documents are generated from attorney-reviewed templates developed with Scheveck & Salminen Law Firm, PLLC. You review previews of the documents as you go. When the documents are ready, the firm files the case.

If one spouse will not participate or you cannot agree on the main terms, an uncontested process will not work. In that situation a different court path is needed.