Divorce is exhausting in any household, but military life adds layers that civilian friends rarely see. Orders arrive with little warning, housing moves on a clock, and pay structures feel like their own foreign language. When spouses agree on terms and simply want to move forward, an uncontested divorce can be a relief, especially when the goal is to keep costs down. The trick is understanding where military rules intersect with state law, and how to keep a cheap uncontested divorce truly cheap without setting traps for yourself later.
This guide comes from the trenches of working with service members and their spouses across active duty, Guard, and Reserve. The theme is simple: plan the paperwork around your unique military realities, not the other way around. That one mindset shift saves money, time, and second guesses.
What “uncontested” should mean for a military family
A divorce is genuinely uncontested when both spouses agree on every issue that a court must decide. That includes division of property and debts, parenting time and decision-making, child support, spousal support, and the administrative basics like jurisdiction. For a military family, uncontested also needs to account for deployment schedules, TRICARE eligibility, Basic Allowance for Housing implications, and how retirement benefits work under federal law.
I have seen couples call something “uncontested” because they both want it to be over, but one spouse silently hopes the court will fill gaps. Courts do not fill gaps in uncontested cases. If the paperwork does not address a benefit, parenting exchange, or garnishment detail, you risk either delay or a decree that unintentionally damages one person’s finances. A low fee is not a bargain if you have to relitigate the same issues next year.
Where to file when the military keeps you moving
Jurisdiction trips up more military couples than any other issue. States usually require residency to file for divorce. The military complicates this because a service member may be stationed in one state, maintain legal residence in another, and the spouse may be living in a third due to separation or orders. The Servicemembers Civil Relief Act (SCRA) and various state statutes try to soften this, but you still need a clean path for the court to say yes.
Most couples choose among three places: the state where the service member is stationed, the state of legal residence (also called domicile), or the state where the non-military spouse currently resides. Each choice has trade-offs. Filing where you live now simplifies service and hearings, but states vary on waiting periods, property rules, and whether they require parenting classes. Filing in a state of domicile can make property and retirement division more predictable, especially if you have been tied to that state for years. Filing where the member is stationed can be efficient if both of you are there, but it creates headaches when orders change mid-case.
If you want a cheap uncontested divorce, choose the forum that needs the fewest exceptions. Short waiting periods, predictable child support guidelines, and e-filing can shave months off the calendar and hundreds off the budget. Call a clerk’s office to confirm current filing fees and any special steps for out-of-state or deployed parties. A 10 minute conversation often saves a week of guesswork.
The “cheap” in cheap uncontested divorce: what the money really buys
When people say cheap flat rate divorce, they usually mean a fixed attorney or document-prep fee that includes standard forms, a settlement agreement, and filing instructions. The fee can be as low as a few hundred dollars for pure document prep, or in the low thousands when a licensed attorney handles everything. The gap reflects unknowns: Are children involved? Is there a retirement to divide? Is one spouse deployed or overseas?
If you are comparing services, ignore the headline price for a moment. Ask what it includes. Filing fees are separate and can range from about 100 to over 400 depending on the court. Service of process may add 30 to 100 unless the other spouse signs a waiver. A certified copy of the decree and name-change order may require another 20 to 60. If you have a military retirement to divide, a Qualified Domestic Relations Order (QDRO) or military court order for SBP can add several hundred more. Some flat rates include one round of edits, others charge per change. The true cheap uncontested divorce protects you from “gotcha” add-ons by making all these costs clear.
I have seen couples save money by doing much of the legwork themselves, then paying a lawyer for a focused hour to review the final settlement. With the right forms, you can keep the document-preparation cost near zero. The lawyer’s hour is your insurance policy against blind spots. If funds allow, a cheap flat rate divorce that includes a final review and representation at the prove-up hearing still costs less than litigating a single disputed issue.
Military benefits in a civilian courtroom
Most state courts handle divorce under state law, but military benefits sit in federal lanes. That means your settlement agreement must speak both languages. Leaving benefits out invites confusion or orders that cannot be enforced by DFAS.
Health care. TRICARE coverage after divorce depends on the length of the marriage and overlap with service. The classic rule of thumb is the 20-20-20 spouse who keeps full TRICARE after divorce, and the 20-20-15 spouse who gets transitional coverage for a period. Many marriages fall short of those thresholds, which means the civilian spouse loses TRICARE once the decree is entered. If a spouse relies on prescriptions or specialty care, plan the transition early. The court will not slow down just because medical coverage ends at filing or at the final decree.
SBP elections. The Survivor Benefit Plan is often misunderstood. Designating former spouse coverage is not the same as giving someone a share of retired pay. The SBP is a separate election with strict deadlines. If the member agrees to provide SBP to the former spouse, the order needs the precise wording and a path for a deemed election filed with DFAS within one year of the divorce. I have watched good settlements turn into painful disputes because the SBP election paperwork was never submitted.
Military retirement shares. The Uniformed Services Former Spouses’ Protection Act allows state courts to treat disposable retired pay as property. The shorthand is the “10/10 rule,” which says DFAS will make direct payments to the former spouse if the marriage and service overlap for at least 10 years. Do not confuse 10/10 with entitlement. A spouse can receive a share even without 10/10, but DFAS will not pay it directly, which adds enforcement risk. Your order needs a clear formula, often a marital fraction, and instructions that track DFAS regulations. Cheap today is expensive tomorrow if the decree uses vague wording that DFAS rejects.
BAH and separation. Basic Allowance for Housing changes when you separate, particularly if there are dependents. That affects income calculations for child support. Some states require you to list gross income, others want a net https://free-weblink.com/Hannah-Law-PC--The-Woodlands_246670.html figure. Your child support worksheet should show BAH and BAS as income or not, depending on the guideline. This is one of the most common calculation errors I see, and courts do notice.
TSP and other accounts. The Thrift Savings Plan can be divided like a 401(k) with a Retirement Benefits Court Order. It is simple on paper and surprisingly detail sensitive in practice. The order should specify the percentage, valuation date, gains and losses, and whether the award is pre- or post-tax. TSP will not guess. If your cheap flat rate divorce ignores the TSP mechanics, you or your ex will pay more later to fix it.
Child-related issues with deployments and moves in mind
Parenting plans need to work when duty calls. Most problems arise when orders arrive a month after the divorce is final and the schedule everyone relied on becomes impossible. A durable plan anticipates travel, the use of virtual visitation, and decision-making authority when the military parent is unavailable.
Judges look for stability. You can keep costs low and still show thoughtfulness. If the military parent faces likely deployments, build a deployment clause that outlines communication expectations, how make-up time will work, and who can step in for exchanges. A provision that the non-military parent will have temporary decision-making for routine matters during deployment can keep daily life predictable. If extended family is in the mix, state whether grandparents can facilitate visits with advance notice.
Relocation and notice provisions are crucial for military families. Some states require written notice a certain number of days before a move, others require court permission if the move crosses a distance threshold. The parenting plan should adopt the strictest standard you are willing to follow. Cheap uncontested divorce does not mean vague. Precision keeps you out of court at the first PCS.
School and medical choices get complicated when parents live in different states. Specify the child’s primary residence for school purposes and who will maintain TRICARE enrollment if eligible. If one parent will carry civilian insurance, include coordination of benefits language so claims do not bounce.
A timeline that respects military schedules
Most uncontested divorces take between 30 and 120 days, largely depending on state waiting periods and court backlogs. Military life stretches those numbers when a spouse is deployed or overseas. The SCRA allows a service member to request a stay of proceedings if duty prevents participation. In an uncontested matter, judges tend to rely on written waivers and affidavits, which keeps things moving, but only if your paperwork is clean.
If the service member is deployed, plan the signing of documents around connectivity. Overnight shipping to a base or ship can fail in transit. Many courts accept notarized e-signatures now, but some still insist on wet ink. Confirm before a deployment window closes. If nothing else, capture a general power of attorney for document administration. Courts vary on whether they will accept a POA signature for core affidavits, but it helps for ancillary documents and records requests.
I once worked with a couple who waited for the member’s R&R to sign. They handed the clerk a full packet the same week. The decree arrived three weeks later, nobody missed a formation, and the legal spend stayed under 900 including fees. That kind of smooth landing happens when you build the process around the calendar the military actually uses.
How to keep it uncontested when stress pushes you toward conflict
Money pressure, housing uncertainty, and long-distance communication erode goodwill. The surest way to protect a cheap uncontested divorce is to capture your complete deal in writing before filing. Start with the end state: who keeps which accounts, how vehicles and debts get retitled, how you will handle tax filing status, and what holidays look like. Then turn to benefits that need special treatment: SBP, TSP, and any share of retired pay. If the gist fits on two pages in plain language, you are close.
Neutral tools help. A simple spreadsheet beats a string of texts. A 30 minute phone call beats a week of emails. Mediation is not only for conflict; a mediator can turn a tentative deal into a signed agreement in one session. Even a low-cost mediator costs less than a month of lawyer back-and-forth.
Do not over-negotiate tiny items while leaving big ones fuzzy. I have watched couples spend an hour on a gaming console and skip the wording for travel costs to exchange a child across states twice a month. Your money is better spent nailing the framework and leaving a little room to swap small items by email.
When a flat fee is smart, and when hourly makes more sense
Flat fees reward predictability. If you have no children, no real estate, and no retirement division, a flat rate can be the cheapest, cleanest path. Add kids, a house with a VA loan, and a retirement share with SBP, and the “flat” part will either expand to fit that complexity or the service will gloss over it. Neither outcome is ideal.
Hourly billing can be efficient when you need a short burst of expertise. I often advise military families to combine approaches: use a document service for baseline forms, then hire counsel for a two hour review of the settlement language on benefits and parenting. If you already have a clean agreement, a lawyer can sometimes turn that into final-ready papers in under an hour. That hybrid approach keeps total costs low and places expertise where it matters most.
When shopping, ask two questions. First, how many uncontested military divorces has the provider handled in the last year? Second, do they draft DFAS-ready orders for retired pay and TSP, and will they stand behind those drafts if DFAS requests changes? A provider that can answer both confidently is worth a slightly higher flat fee because the back-end corrections are where budgets die.
Avoiding common mistakes that cost more than they save
Rushing to file in the wrong state. The filing fee is wasted if the court later dismisses the case for lack of jurisdiction. Double-check residency rules and military exceptions.
Leaving out tax angles. Child support is not taxable income, but spousal support may be, depending on the date of your agreement and federal rules in effect. Retirement distributions carry tax consequences. A little coordination with tax prep avoids surprise bills.
Using generic forms for military benefits. The words matter. DFAS will reject vaguely drafted orders every time. Saving 150 by skipping a proper order can cost you months of delay and additional legal fees.
Not addressing name change timing. If a spouse wants to restore a former name, include it in the decree. Doing it later triggers separate court fees and paperwork.
Ignoring life insurance and beneficiaries. If SBP is not part of the plan, life insurance may be a useful bridge, especially while children are minors. Update beneficiaries for SGLI, TSP, and civilian policies the week the decree is entered.
Special notes for Guard and Reserve families
Guard and Reserve life creates unique wrinkles. A marriage can overlap many years of service without much active duty time. For retired pay division, points matter more than simple years. Orders must reference the points-based formula, not the active duty fraction. Also, healthcare eligibility rules differ in retirement. If you expect to hit a reduced-age retirement due to qualifying deployments, note that in the settlement so timelines align with expectations.
Mobilizations can also trigger SCRA stays even after the case is filed. A well-crafted uncontested plan keeps the stay unnecessary by allowing remote participation and liberal continuances by agreement. Courts appreciate parties who keep the docket smooth.
Keeping the do-it-yourself approach on track
If you want to handle most of the work yourself, put your energy into three areas: the settlement agreement, the parenting plan, and any orders touching DFAS or TSP. Courts often provide fill-in-the-blank forms for the petition, summons, and decree. The parts that need real care are the ones that outlive the court’s involvement.
For the settlement, define each asset and debt with enough detail that a bank or DMV can act without guesswork. List account numbers partially masked, VINs, and transfer deadlines. For child-related terms, incorporate travel windows that reflect real distances and command flexibility. For DFAS and TSP, use model language whenever possible. DFAS publishes guidance, and TSP offers a sample order format. Build from those, not from a generic template.
A short checklist to keep your budget in line
- Confirm jurisdiction and any waiting period before you pay a filing fee. Put every agreed term in writing, then have one neutral reviewer read it once. Use DFAS and TSP model language for any retirement or SBP provision. Schedule signatures around deployments and secure notarization options. Track post-decree tasks: beneficiary updates, account transfers, credit pulls.
Realistic timelines and what can slow you down
If you file in a state with e-filing and no waiting period, an uncontested case can finish in 30 to 45 days. Most states take longer. A 60 to 90 day window is more common. Add time if the court requires a parenting class. Deployed signers, rejected DFAS orders, and missing notary seals cause the biggest delays.
Some states still require a short in-person hearing for uncontested cases with children. If a spouse is deployed, ask about a remote appearance by video or affidavit. Judges are used to military schedules and usually make reasonable accommodations when asked early.
How to think about fairness when you want it done fast
Uncontested works because both of you accept the trade. The law cares that the agreement is voluntary and not unconscionable. I often ask couples to walk through their budget six months from now. Where will each of you live? Which bills will you carry? How will you handle school breaks if duty hours change? A fast agreement that fits only the current month will break under the first PCS or new assignment.
Fair does not always equal 50-50. A spouse who supported frequent moves may need extra runway to rebuild credit or career. A service member who expects an imminent deployment may want a temporary parenting schedule that shifts later. The court’s job in an uncontested matter is not to redesign your deal, but judges will balk at terms that obviously harm children or leave one spouse destitute.
When cheap becomes false economy
There are times when a rock-bottom approach invites expensive problems. If you own a house with a VA loan and plan to remove one spouse from the mortgage, it rarely happens by magic. Refinance timelines, entitlement restoration, and liability for late payments all matter. Skipping a clear plan can torpedo a future home purchase for the service member. Pay for careful wording now.
If there are allegations of domestic abuse, uncontrolled mental health crises, or financial concealment, stop and get legal advice. Uncontested requires trust at least in the paperwork. When safety or honesty is in doubt, a court’s oversight is not a burden, it is a shield.
Finally, if a retirement division is substantial or SBP is involved, buy an hour with someone who drafts these orders weekly. A cheap flat rate divorce is still a win if you add a targeted consult that preserves hundreds of dollars a month in properly secured benefits.
After the decree: the practical tasks that close the loop
A divorce does not finish when the judge signs. It finishes when the transfers happen and the accounts match the decree. Expect to spend a few weeks on cleanup. TRICARE coverage changes, DEERS updates, SGLI beneficiary updates, TSP orders, and banking adjustments should occur immediately. Send certified copies of the decree to any institution that requires them, including your command if your dependency status affects pay.
If the decree includes a DFAS order for retired pay or SBP, calendar the one-year window for a deemed election if you are the former spouse. Mail with tracking. Keep copies of everything, including the envelope. If TSP is divided, watch the account for the transfer and verify the date used for gains and losses.
For parenting, run a test weekend with the new schedule as soon as practical, not during finals week or a training exercise. Tinker within the agreement by mutual consent. Most courts allow you to adjust informally as long as neither parent is forced and the changes do not violate core rights.
Final thoughts for a steady, low-cost path
A cheap uncontested divorce for a military family is realistic when both spouses focus on clarity, timing, and benefits. The law allows plenty of room to tailor your outcome, but the forms do not carry themselves. Name every asset and benefit you care about. Set your timeline around orders, not wishful thinking. Use the government’s own model language where it exists. Spend a little on expert review at the exact points where a misstep would be expensive.
The military asks families to adapt constantly. That same skill serves you here. Plan with precision, keep the tone businesslike, and resist the urge to rush past details that will govern your finances and your children’s schedules for years. Cheap is not about shaving dollars at all costs. It is about investing just enough in the right places so you do not pay twice.