Uncontested divorces are the quickest and least expensive type of divorce. If you and your soon-to-be former spouse agree on the terms of the divorce, an uncontested divorce is the ideal course of action.
What is an Uncontested Divorce?
An uncontested divorce, sometimes called an amicable divorce, is one in which both parties agree on all terms of the divorce, including:
- Division of property
- Division of debt
- Child custody
- Payment of child and/or spousal support
This does not mean that you and your spouse cannot or will not argue over these issues, just that you are able to reach an agreement without taking your case to court. Being able to come to an agreement without litigation will save time, money, and will probably result in a more favorable outcome for everyone involved.
Do You Need an Uncontested Divorce Lawyer?
Many people think that if they can come to an agreement with their soon-to-be ex spouse and the divorce will not go to court, hiring an attorney is unnecessary. This is an incorrect assumption. It is always recommended to have legal counsel during a divorce, even if it is uncontested.
An uncontested divorce could easily become contested if you or your spouse decide that you no longer agree with an aspect of the divorce. This is not uncommon and if it happens, having an attorney will be a necessity.
When filing for divorce, paperwork must be completed correctly and in a certain order. Once paperwork is filed, there are strict deadlines and you will not be able to make revisions or correct mistakes once your paperwork is submitted. Having an uncontested divorce attorney draw up an agreement and review your paperwork to ensure all of your requests are included will give you peace of mind during a stressful time.
Filing for Uncontested Divorce in Raleigh
The process of filing for uncontested divorce in North Carolina is relatively simple compared to traditional divorce.
The state of North Carolina does not require couples seeking a divorce to file a formal separation with the state. It is required that you and your spouse live separately with no intent to reconcile for at least one year prior to filing. In addition, at least one of you has to have lived in North Carolina for at least six months prior to filing in the state.
Once these requirements are met, the procedure is as follows:
- The initiator of the divorce (the plaintiff) completes a divorce complaint and files it with the clerk of courts.
- The complaint is served to the other party (the defendant), notifying them that their spouse has begun divorce proceedings.
- After serving the defendant, the couple must wait 30 days before their initial hearing.
- During this time, the couple will draw up an agreement dictating the terms of divorce. To reach an agreement, the couple should seek mediation, either with an attorney or mediator. A lawyer will then oversee the drafting of this agreement to ensure it is legally binding and contains the terms you have agreed to. Contact us using the form below for assistance with mediation and/or drafting an agreement.
- 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 an Uncontested Divorce Attorney in Raleigh
Divorce is never easy, even uncontested divorces. We can help, though. We’ve guided Raleigh couples through divorce for over 20 years so whether you need guidance in drafting your agreement or completing the required forms, the uncontested divorce attorneys at Doyle Law Group are here. Call us at (919) 301-8843 or fill out the form below to schedule your consultation.
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