Rule 24.6.Uncontested Divorce Actions
Rule 24. DOMESTIC RELATIONS · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 24.6
Plain-English Summary
An uncontested divorce still has to wait out a statutory cooling-off period, and Rule 24.6 spells out exactly how long that wait is depending on how the other spouse was brought into the case. If both parties sign a written consent to a hearing, the divorce can be heard 31 days after service or after the acknowledgment of service is filed. If the defendant never answers the complaint, the wait stretches to 46 days after service, unless the court has extended the time to respond. If the defendant could not be found and was served by publication, the case can be heard 61 days or more after the notice first ran.
The rule also addresses a paperwork sequencing issue: any order for publication, or any acknowledgment of service, should be on file with the court before or at the same time it gets signed — a softer, directory expectation, unlike the mandatory “shall” language the rest of the rule uses for its waiting periods. That keeps the case file complete when the judge signs off on a hearing date, and it dovetails with Rule 24.3’s requirement that acknowledgments and consents be properly witnessed.
Frequently Asked Questions
How soon can an uncontested divorce be heard if both spouses sign a written consent?
Any time 31 days after service or after filing the acknowledgment of service.
What if the other spouse never files an answer to the divorce complaint?
The divorce may be granted any time 46 days after service, unless the court has extended the time to respond.
How long must a party wait after serving a spouse by publication before the divorce can be heard?
At least 61 days after the date of the first publication.
Does Rule 24.6 require the order for publication to be filed before the judge signs it?
Not as an absolute mandate. Rule 24.6(D) says such orders and acknowledgments of service should be filed before or contemporaneously with the signing of the order or acknowledgment — a softer, directory standard than the “shall” language the rest of the rule uses for its waiting periods.
Can an uncontested divorce hearing be scheduled at any time convenient to the court and counsel?
Yes, subject to the specific waiting periods the rule sets for each method of bringing the other spouse into the case.