Uncontested Divorce
At Doyle Divorce Law, our team of experienced family law attorneys is here to provide you with the guidance you need to navigate the divorce process efficiently and effectively. Our uncontested divorce experts are sharing the ins and outs of uncontested divorce in North Carolina.
Whether you're just starting to consider your options for divorce or separation or you and your spouse are ready to proceed with filing for a divorce in NC, Doyle Divorce Law is your trusted partner for achieving an amicable resolution.
What is an Uncontested Divorce in NC?
An uncontested divorce in North Carolina, often referred to as a "no-fault" divorce, is a legal process in which both spouses mutually agree to end their marriage and have resolved all key issues, such as property division, child custody, alimony, and child support, without the need for a trial or court intervention.
Let’s take a closer look at the factors that contribute to a divorce being uncontested.
Agreement
Both spouses must be in agreement on all relevant matters pertaining to the divorce, including the division of marital assets and debts, child custody arrangements, visitation schedules, and financial support.
No-fault Basis
North Carolina allows for a no-fault divorce, meaning neither spouse needs to prove fault or wrongdoing by the other party to obtain a divorce. Simply stating that the couple has experienced an irretrievable breakdown of the marriage is sufficient grounds for divorce.
Separation Period
In North Carolina, the spouses must live separately and apart for at least one year before filing for an uncontested divorce. This separation period begins when they start living separately and at least one spouse has the intent to end the marriage.
Legal Documentation
To proceed with an uncontested divorce, both spouses must complete and sign the necessary legal documents, which typically include a Separation Agreement and a Complaint for Divorce. These documents outline the terms of their agreement and formally request the divorce from the court.
Court process
Once the paperwork is filed with the court, there is typically a waiting period before the divorce is finalized. After the one-year separation period has passed, the court can grant the divorce, making it official.
Uncontested divorces are often less time-consuming and less expensive than contested divorces, where spouses cannot agree on key issues and require court intervention. However, it's crucial to consult with a skilled divorce attorney in Raleigh to ensure that all legal requirements are met and that your rights and interests are protected throughout the process.
Is an Uncontested Divorce the Same as an Amicable Divorce?
An uncontested divorce, sometimes called an amicable divorce, is one in which both parties agree on all terms of the divorce, including:
While both spouses may be in agreement on important issues, as opposed to a contested divorce where many arguments and negotiations may take place that lead to taking the case before a judge, an uncontested divorce does not mean that you and your spouse cannot or will not argue over these issues.
When it comes to dividing property, finances, debts, child custody, and issues of spousal and child support, it can, even in an uncontested divorce, lead to disagreements between both parties and their legal teams. However, throughout negotiations and the mutual goal of marriage dissolution, 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 and money, and will probably result in a more favorable outcome for everyone involved.
Do You Need a Divorce Lawyer for an Uncontested Divorce in NC?
While it is not legally required to hire a divorce lawyer for an uncontested divorce in North Carolina, it is strongly recommended to consult with an attorney, or at least consider seeking legal advice.
Legal Guidance
An experienced family law attorney can provide valuable guidance and advice throughout the uncontested divorce process. They can help you understand the legal requirements, ensure that all necessary documents are correctly prepared, and make sure your rights and interests are protected.
Document Preparation
Even in uncontested divorces, there are various legal documents that need to be completed accurately. An attorney can draft these documents to ensure they meet all legal requirements, reducing the risk of delays or complications.
Review of Agreement
If you and your spouse have reached an agreement on issues such as the division of marital property, child custody, and spousal support, having an attorney review the agreement can help ensure it is fair and complies with North Carolina laws.
Avoiding Mistakes
Without legal guidance, you may unintentionally make mistakes that could have legal consequences. An attorney can help you avoid errors that might lead to disputes or complications later on.
Unforeseen Issues
Sometimes, what appears to be an uncontested divorce can become more complex if unexpected issues arise. Having an attorney on your side can help you navigate these challenges effectively.
Legal Representation in Court
Even in uncontested divorces, you may need to appear in court for a brief hearing to finalize the divorce. An attorney can represent your interests and ensure the process goes smoothly.
How to File for an Uncontested Divorce in Raleigh
Filing for an uncontested divorce in Raleigh, North Carolina, involves several steps. While this overview can provide general guidance, it is essential to consult with a divorce attorney, as divorce laws can change, and individual circumstances may vary.
Step 1: Meet Preliminary Living Requirements
At least one spouse must have resided in North Carolina for at least six months before filing for divorce in the state. Additionally, ensure that you and your spouse have lived "separate and apart" for at least one year. This separation period must be continuous with at least one spouse having the intent to end the marriage.
Step 2: Reach Agreement
Both spouses must agree on all key issues related to the divorce, including property division, child custody, child support, and alimony (if applicable). This agreement should be documented in a Separation Agreement.
Step 3: Prepare Necessary Documents
Create and sign the required divorce paperwork and documents, which typically include:
- A Complaint for Divorce: This document officially initiates the divorce process and states the grounds for divorce (usually the one-year separation).
- A Civil Summons: This notifies your spouse about the divorce proceedings.
- A Separation Agreement: This outlines the terms of your settlement agreement regarding property, support, and custody.
Step 4: File the Documents
Take the completed documents to the clerk's office in the county where you or your spouse reside, and pay the necessary filing fees.
Step 5: Serve the Documents
Your spouse must be served with the divorce papers and the Civil Summons. This can be done by mail, sheriff's service, or certified process server. Your spouse has 30 days to respond to the divorce papers.
Step 6: Wait for the Waiting Period
After the one-year separation period has passed, you can proceed with finalizing the divorce.
Step 7: Attend a Court Hearing
In some cases, you may need to attend a brief court date for a divorce hearing to answer any questions the judge may have or to finalize the divorce.
Step 8: Receive the Divorce Decree
Once the judge approves the divorce, you will receive a Divorce Decree, which officially ends your marriage and results in a legal divorce in North Carolina.
Step 9: Follow Up on Post-Divorce Matters
If there are any property transfers or support payments outlined in the Separation Agreement, ensure that they are carried out as agreed upon.
It's essential to consult with an experienced divorce attorney to ensure that you meet all legal requirements and properly navigate the uncontested divorce process in Raleigh, North Carolina. An attorney can also assist with preparing the necessary documents, serving your spouse, and representing your interests in court if needed.
Consult With an Uncontested Divorce Attorney in Raleigh
Divorce is never easy, even uncontested divorces. The Doyle Law Group can help you navigate the complexities of an uncontested divorce in NC. We've guided Raleigh couples through divorce for over 20 years, so whether you need guidance in drafting your divorce agreement or completing the required forms, the uncontested divorce attorneys at Doyle Law Group are here.
Call us today at (919) 301-8843 or fill out the form below to schedule your initial consultation.
Contact Form
We would love to hear from you! Please fill out this form and we will get back to you shortly.
