Uncontested Divorces Aren’t Necessarily Uncomplicated


Many divorces aren’t volatile spectacles filled with name-calling. Some spouses simply know their marriage is no longer working and wish to go their separate ways.

North Carolina offers a no-fault option for an uncontested divorce. The court will not make determinations about how property is divided or how much time children spend with each parent. These matters must be decided between the spouses. These two issues alone can be complex and require guidance from an experienced attorney.

Requirements for an Absolute Divorce in North Carolina

To be granted a no-fault divorce in North Carolina, you and your spouse must have lived apart for at least one year. At least one spouse must have lived in the state for six months or more.

Once you file the complaint, the other party has thirty days in which to respond, and they can be granted an extra thirty days if necessary. After that time, you can schedule a hearing in front of the judge to hear the divorce. If the divorce is uncontested then it can be obtained fairly quickly.

Drafting the Divorce Settlement Agreement

North Carolina does not require that support, custody, alimony, and property be decided before the divorce is final. However, you can no longer have any claim to alimony or equitable distribution after the divorce is granted. These claims must be filed with the court before the divorce judgment is granted.

At Jetton & Meredith, PLLC, we can help you iron out these important details. The longer you have been married, the more assets you own together, and the higher your marital debt load, the more challenging these decisions become. We have experience with crafting creative solutions for convoluted cases.

You may benefit from an enforceable separation agreement that is in effect during your required separation period. A separation agreement can tackle child custody, visitation, property/debt division, and other issues. This contract is binding. Neither spouse can ask the court to modify it down the road unless that possibility is stipulated in the agreement. Our law firm will work to ensure that your separation agreement is viable during the separation but also appropriate for your post-divorce life.

Meeting the Requirements for an Uncontested Divorce

An attorney from our law firm can handle the necessary documentation and filing, keeping your divorce on track. After filing the complaint for divorce, your spouse must receive a copy. We will serve your spouse and submit proof of service to the court. Your spouse has 30 days to file an answer. If they do not return their answer or if they challenge anything in the filing, the divorce becomes a contested divorce.

Requesting a Divorce Court Hearing

After your spouse returns their response and 30 days have passed, a hearing can be scheduled. The judge verifies that all the requirements have been met. The court confirms they have jurisdiction over the matter, that the spouse was served, and that the two parties had lived separately for at least one year.

By submitting the following documents, the Judgment of Divorce can be granted right away:

  • Judgment for Absolute Divorce
  • Certificate for Absolute Divorce
  • Separation Agreement and Property Settlement Contract
  • Parenting Plan

Legal Guidance for Uncontested Divorce

When two spouses agree that the marriage is over, the first big hurdle has been cleared. Despite neither spouse contesting the divorce, differences of opinion are bound to surface once it’s time to dive into the details.

We provide compassionate, intelligent legal guidance to find resolution in the areas of disagreement.

Learn more about uncontested divorce in a consultation. Call (704) 931-5535 or send us an online message to schedule.