Uncontested Divorce in North Carolina
When both spouses agree on the terms of their divorce, the process can move forward quickly, affordably, and with far less stress than a contested case.
What Makes a Divorce “Uncontested”?
An uncontested divorce results when both parties agree on the terms of the divorce and the defendant does not contest the complaint filed by the plaintiff. This does not necessarily mean the spouses agreed on everything from the start, it means that by the time the case is filed, the major issues have been resolved, often through a separation agreement covering property division, alimony, child custody, and child support.
North Carolina is a no-fault divorce state, so neither spouse needs to prove wrongdoing to obtain a divorce. The only grounds required is one year of continuous separation.
What the Court Requires
One Year of Separation
The spouses must have lived separate and apart, without resuming the marital relationship, for at least one continuous year before the complaint is filed.
North Carolina Residency
At least one spouse must have lived in North Carolina for six months immediately before the complaint is filed.
Agreement on Major Issues
Property division, alimony, custody, and child support are typically resolved through a separation agreement before the divorce complaint is filed.
No Contest of the Complaint
The defendant is served with the complaint and does not file an answer contesting it, allowing the divorce to proceed without a hearing on disputed issues.
Is an Uncontested Divorce Easier?
Any divorce is an emotionally difficult experience, but an uncontested divorce is generally considered less stressful because the spouses have already agreed on the major issues. It typically moves toward finalization faster and costs less than a contested divorce, since there is no need for extended litigation over disputed terms.
- Faster resolution, often finalized once the one-year separation period and required paperwork are complete
- Lower attorney fees and court costs compared to contested litigation
- Less emotional strain on both spouses and any children involved
- Greater privacy, since fewer matters are litigated in open court
- More control over the outcome through a negotiated separation agreement
Why Work With an Attorney, Even When It’s Uncontested
Even when both spouses agree, a separation agreement carries lasting legal and financial consequences. An experienced family law attorney can review or draft the agreement to make sure it accurately reflects your intentions, protects your rights regarding property and support, and will hold up if circumstances change later. Our attorneys can advise you on every aspect of your separation agreement so that you do not unintentionally give up rights you are entitled to.
Common Questions
Do we need a separation agreement to get an uncontested divorce?
A separation agreement is not legally required to file for divorce, but it is strongly recommended. Without one, issues like property division or spousal support may need to be addressed separately, and rights can be lost if not raised in time.
How long does an uncontested divorce take in North Carolina?
Once the one-year separation period has been satisfied and the complaint is filed and served, an uncontested divorce can often be finalized within a matter of weeks, since there is no need for a contested hearing.
Can we still live in the same house during separation?
Generally no. North Carolina courts require spouses to maintain separate residences and to not resume marital relations during the one-year separation period for the separation to count.
What if my spouse changes their mind and contests the divorce later?
If the defendant files an answer contesting the complaint or disputing a term, the case may no longer proceed as uncontested and could require additional hearings. An attorney can help you understand your options if this happens.
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