If you and your spouse agree on the major issues, an uncontested divorce gets you through the court in North Carolina faster and for a fraction of the cost of litigation. The work is in getting the agreement right.
How an uncontested divorce works in North Carolina
After one year of separation, an uncontested absolute divorce in North Carolina is filed in district court and is usually granted on the papers or at a brief hearing, often within 45 to 90 days. The related claims, custody, support, alimony and property, are typically settled in a separation agreement during the separation year, so by the time the divorce is filed, the only thing left is the divorce itself.
What has to be agreed
Custody and a parenting schedule, child support under the guidelines, whether there is alimony and on what terms, and how every asset and debt is divided, including retirement accounts and the house. If any one of these is open, the case is contested, at least for now.
What we do
We draft or review the settlement agreement, make sure the financial disclosures are complete, file the paperwork and handle the final hearing. Flat fees are common for truly uncontested cases, and we'll tell you up front if yours qualifies.
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How long does an uncontested divorce take in North Carolina?
Typically 45 to 90 days from filing, after the one-year separation requirement is met. The agreement on property and support should be finished before the divorce is granted, since unfiled alimony and equitable distribution claims are lost at that point.
Do we both need a lawyer?
One lawyer can't represent both spouses. We represent one of you and draft the agreement; the other spouse can review it with their own attorney or sign without one. Either way, the agreement is written so the court will approve it.
What if we agree on most things but not everything?
Mediation often closes the gap. If one issue is truly stuck, the court can decide that issue while the rest stays agreed.
This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.