An uncontested divorce is one in which parties reach a written agreement on all issues without court involvement. The agreement is called a separation agreement. This comprehensive agreement is prepared by lawyers and covers all aspects of the marital relationship including custody, child support, alimony (now called maintenance) and property distribution. Once a separation agreement is signed, the parties usually proceed to an immediate divorce on the grounds of the marriage being irretrievably broken. An uncontested divorce is almost always less expensive and quicker than a contested divorce.

Even in a contested case, the parties can settle their case by entering into a stipulation of settlement. Once the stipulation is signed, the parties can proceed to obtain an uncontested divorce.