Can You Get an Uncontested Divorce Without a Lawyer?

Divorce can be a challenging and emotionally taxing process, but it doesn't always have to be a contentious legal battle. If you and your spouse are in agreement on the terms of your divorce, you may be wondering if it's possible to navigate the process without hiring a lawyer. The concept of an uncontested divorce, where both parties reach a mutual agreement on key issues, can provide a simpler and more amicable path forward.

The experienced divorce lawyers from Doyle Divorce Law are exploring the question, “Can you get an uncontested divorce without a lawyer?” Join us as we delve into the benefits, considerations, and potential risks of pursuing an uncontested divorce without legal representation. 

By examining the requirements, legal procedures, and available resources, we aim to provide you with the information you need to make an informed decision about the best approach to your uncontested divorce. 

What is an Uncontested Divorce?

An uncontested divorce, sometimes called an amicable divorce, means that both parties in the divorce agree on all matters, including terms of child custody, child support, spousal support, and the distribution of assets. When both partners agree on all of these terms, nothing is being contested. This type of divorce is typically a “no-fault” divorce, meaning that neither party has to prove that the other caused the breakdown of the marriage and they both agree in separating on amicable and fairly communicated terms. 

Who is Eligible for an Uncontested Divorce?

Any couple that agrees on all terms of the divorce, including property division and spousal and child support are eligible for an uncontested divorce. While it’s not required, it is helpful if the couple does not have children or significant assets (which makes disagreements more likely). It is possible to have an uncontested divorce with large assets and/or children– however, the more dependents and assets are involved, historically the more conflicts arise. 

Why is an Uncontested Divorce a Good Option?

For couples that agree on the terms of the divorce, going the uncontested route can save you precious time and money. Since uncontested divorces are not litigated, there is a massive reduction in legal fees and very little time spent in court. An uncontested divorce without a lawyer can be settled in as little as a month, letting you both move on with your lives faster than if you had to endure long, drawn-out divorce proceedings. You also retain more control over the outcome of the divorce if you agree and can draw up an agreement that you’re both happy with.

Can You Get an Uncontested Divorce Without a Lawyer?

Now that you know uncontested divorces aren’t litigated, you may be wondering if you can handle it yourself. While you certainly can complete an uncontested divorce without the help of an attorney, it’s not advisable.

Benefits of an Uncontested Divorce Without a Lawyer

When facing the dissolution of a marriage, many couples assume that hiring lawyers and engaging in a lengthy legal battle is the only option. However, for couples who can effectively communicate and reach agreements on key issues, an uncontested divorce without a lawyer can offer several advantages. 

Here are some of the benefits of getting an uncontested divorce without a lawyer: 

• Cost Savings: Hiring a lawyer can be expensive, and opting for an uncontested divorce without legal representation can significantly reduce costs. 
• Control and Flexibility: An uncontested divorce allows couples to maintain control over the decision-making process. Without lawyers involved, couples can negotiate and customize their agreements based on their specific needs and circumstances. 
• Quicker Resolution: Traditional divorce proceedings can be time-consuming, with court schedules and legal procedures causing delays. Pursuing an uncontested divorce without a lawyer often leads to a faster resolution since the couple can work together to reach an agreement and proceed through the process more efficiently.
• Reduced Conflict and Stress: By opting for an uncontested divorce without legal representation, couples can maintain a more amicable and cooperative environment, minimizing stress and potential animosity.
• Privacy: Courtroom proceedings are generally open to the public, which means your personal matters may become part of the public record. However, an uncontested divorce without a lawyer can provide a greater level of privacy, as the details of the divorce agreement are often kept confidential.

Risks of an Uncontested Divorce Without a Lawyer 

While pursuing an uncontested divorce without a lawyer can offer several benefits, it's crucial to be aware of the potential risks involved. Without legal representation, couples may encounter challenges or overlook important considerations during the divorce process. 

Here are some of the substantial risks associated with proceeding with an uncontested divorce without a lawyer: 

• Inadequate Understanding of Legal Rights: Without a lawyer to provide legal advice and guidance, you may not fully comprehend your legal rights and entitlements. This lack of understanding can lead to an unfair division of assets, insufficient child support arrangements, or other disadvantages.
• Incomplete or Inaccurate Agreements: Crafting comprehensive and legally binding agreements can be complex. Without legal expertise, you risk creating agreements that contain errors, omissions, or ambiguous language. These deficiencies may lead to disputes or difficulties in the future.
• Potential for Exploitation or Power Imbalances: In cases where there is a significant power imbalance or one party has control over crucial information or assets, an uncontested divorce without legal representation can leave the more vulnerable party at a disadvantage. They may be coerced into agreeing to terms that are not in their best interests.
• Lack of Mediation or Objective Guidance: Lawyers can serve as neutral mediators, facilitating negotiations and ensuring fairness. Without legal representation, you may lack objective guidance and struggle to navigate emotionally charged discussions, potentially leading to impasses or unresolved issues.
• Overlooking Future Considerations: Divorce agreements should address both current and future considerations. Without legal advice, you may overlook important factors such as tax implications, retirement benefits, or provisions for changing circumstances.
• Difficulty Enforcing the Agreement: Without legal expertise, drafting an enforceable agreement can be challenging. In the absence of legal oversight, it may be more difficult to ensure compliance with the terms of the agreement, potentially resulting in future disputes or non-compliance.
• Incomplete Understanding of the Process: The legal divorce process involves filing specific documents, adhering to court procedures, and meeting deadlines. Without a lawyer, you may not be fully aware of these requirements, leading to potential delays or complications.

The Procedure for Uncontested Divorce in North Carolina

Since North Carolina does not require couples seeking a divorce to formally separate, you do not need to file a formal separation with the state. You do need to have been living separately with no intent to reconcile for at least one year, however. 

Once you have met that requirement, the procedure is as follows:

1. Divorce Filing: The initiator of the divorce will fill out a divorce complaint and file it with the clerk of courts.
2. Spouse is Served: The complaint will be served to the other party, notifying them that their former spouse has begun divorce proceedings.
3. Wait Period: After serving the non-filing party, the couple must wait 30 days before their initial hearing.
4. Draft the Agreement: During this time, the couple will draw up an agreement dictating the terms of the divorce. It is extremely beneficial to have a lawyer oversee the drafting of this agreement. Contact us at (919) 234-5513 or send us an email to schedule your consultation.
5. Court Hearing: After 30 days, the couple will have their first hearing during which, if they have agreed to all outstanding issues in their case, they may submit their final documents to the court to be granted divorce as soon as possible. The final documents are the judgment for absolute divorce, certificate for absolute divorce, separation agreement & property settlement contract, and a parenting plan (if applicable).

Consult with Doyle Law Group for Assistance With Your Uncontested Divorce in Raleigh

While divorce is never easy, we can help alleviate some of the stress. We’ve guided Raleigh couples through a divorce for over 20 years so whether you need guidance in drafting your agreement or completing the forms required by the state of North Carolina, the attorneys at Doyle Law Group are here. Call us at (919) 301-8843 or fill out our online contact form to schedule your consultation.