Does North Carolina Have “Uncontested” Divorces?

In North Carolina, you can pursue an uncontested divorce. This is typically considered to be the easiest and most ideal type of divorce because couples must agree on everything. For example, they can agree to the reason behind their divorce, how they would like their property split, and how they plan to share custody.

If you and your spouse are in agreement about how to proceed with your divorce, or believe that you can reach an agreement with a little time (or a little help from a mediator) on the remaining undecided issues, an uncontested divorce may be your best option.

What is the process like for an uncontested divorce in Charlotte?

To pursue an uncontested divorce in Charlotte, you must live separately from your  spouse for at least one year, and one (or both) of you must have resided in North Carolina for at least six months. This residency rule applies even if one of you is in the military, though exceptions may be made if one or both of you faces deployment or relocation during the process.

Either you or your spouse will need to file for divorce. The other person is then served with the divorce papers. Once you or your spouse receives the complaint for divorce, you have 30 days to respond with an answer. After the 30-day period has ended, you can ask for a date for the divorce hearing. If neither you nor your spouse are disputing the divorce and have decided to agree on everything, the judge will sign the divorce papers and consider you legally divorced. Keep in mind that it may be possible to waive both the 30-day waiting period and the right to respond or provide an answer in an uncontested divorce.

What do you have to agree to for an uncontested divorce to take place?

In order for an uncontested divorce to take place, you must be able to agree to the following:

• Child custody
• Alimony
• Property and debt division

After developing agreements for these important elements, the rest of the uncontested divorce process will hopefully be simple and stress-free. You will need to fill out paperwork, make sure you and your soon-to-be ex-spouse remain on the same page, and pay the court and legal fees.

What if we agree on most things, but not all?

For a true uncontested divorce, you have to agree on everything – but don’t panic. If you and your spouse disagree about one particular thing – for example, whether to sell the vacation rental or keep and share the profits – you can work with a divorce mediator to reach an agreement. Once you’re agreed, the rest of the divorce process will, ideally, go smoothly.

Do I have to go to court for an uncontested divorce?

If you and your spouse decide to pursue an uncontested divorce, you both will still be required to attend a court hearing. After you are given a court date, you must fill out a form to notify your spouse. They will need to receive this notification at least 10 days prior to the court date.

At the court hearing, the judge will call your and your spouse’s name. You both will be required to stand up and let the judge know that you are there. If for any reason your spouse does not attend the hearing, the judge will continue the hearing without them. There will be a series of questions about your marriage, which you must answer truthfully. If the judge is happy with your answers, they will sign the Judgment of Absolute Divorce, which officially grants your divorce.

What are the benefits of an uncontested divorce?

There are several benefits when it comes to an uncontested divorce, including:

• It is a more affordable divorce option.
• It is typically a faster option, meaning you may be able to divorce a lot quicker.
• You and your spouse usually know what to expect in the end.
• You and your spouse may be able to remain cordial and stay on good terms for the children.
• You are both able to make your own decisions when it comes to child support, debts, assets, custody, childcare, alimony, and more.

Do I need a Charlotte divorce attorney for an uncontested divorce?

Although you are legally able to pursue an uncontested divorce on your own, it is highly recommended to have a Charlotte divorce attorney by your side. The attorneys at Epperson Law Group can help ensure that you follow all legal requirements, meet every deadline, and are aware of your legal rights and options. If there are any disputes or disagreements that arise, one of our lawyers can also help you settle them before filing for divorce. It is critical to know that people frequently change their minds. Therefore, even if your spouse initially stated that they agreed and wanted the same things that you do, there is a chance that they could change their mind, which is why it is absolutely necessary to have a legal professional in your corner to make sure that your best interests are prioritized.

If you have questions or concerns regarding an uncontested divorce, contact the Charlotte divorce lawyers at Epperson Law Group at your earliest convenience. Our firm is dedicated to helping you through this stressful and overwhelming time in your life. Therefore, if you choose to work with us, we will ensure that you are aware of your rights, have a fair agreement in place, and that you have the necessary tools to move forward with your life after the divorce. Call our office or complete our contact form to schedule your no-obligation consultation in Charlotte, Weddington, Concord, or Boone today.