(910) 455-7700 
An uncontested divorce in North Carolina allows couples who have been living separately for a year to end their marriage with minimal fuss, provided they agree on all issues, including property division, custody, and support. An uncontested divorce moves more quickly and costs less than a contested one because it does not require hearings to settle disputes.
Legal representation is essential. Without legal guidance, minor errors could cause delays or force you to go back to court later on. An experienced divorce attorney can review your paperwork, ensure you meet all relevant deadlines, and confirm that your agreement is in line with North Carolina law. Hiring a lawyer typically costs less than it takes to fix mistakes after the divorce becomes final, and it allows you to move through the process with greater clarity.
How Does an Uncontested Divorce Differ From a Contested Divorce?
An uncontested divorce occurs when both spouses agree on all divorce-related issues, including:
- Property division (equitable distribution)
- Debts
- Child custody
- Child support
- Spousal support.
Because there is no disagreement, the process moves quickly and costs less.
A contested divorce, on the other hand, involves one or more disputes. A court may need to resolve those disputes, which can take time and increase costs.
In North Carolina, an uncontested divorce does not involve extended hearings. The judge can simply review the couple’s divorce agreement and approve the final paperwork. A contested case can last months or longer, while an uncontested case often resolves much faster.
What Do You Need to Get an Uncontested Divorce in North Carolina?
To obtain an uncontested divorce in North Carolina, you must meet the following requirements:
- Residency – At least one spouse must have lived in the state for at least 6 months before filing.
- Separation – The couple must live apart for at least 1 year. During this time, the spouses cannot live in the same home or act as a married couple.
- Agreement – The spouses must agree on all divorce issues, including property division, debts, spousal support, and custody and support of their children.
If the parties disagree on even one issue, the case becomes contested. A court cannot grant a divorce under state law until all disputes get resolved.
How Much Does a North Carolina Uncontested Divorce Cost?
The cost of an uncontested divorce in North Carolina depends on several factors. The state charges a basic filing fee for all divorces, which is currently $225. If you must serve your divorce papers through the sheriff or by certified mail, you must pay additional service fees. Some couples pay fees for certified copies of the final divorce orders.
Legal fees vary depending on the level of help you need. Many lawyers charge a flat fee for uncontested cases because they move quickly and involve less work than contested divorces. Legal costs tend to be lower in uncontested divorces because they avoid hearings, lengthy court filings, and drawn-out disputes.
Do You Need a Lawyer for an Uncontested Absolute Divorce in North Carolina?
The value of having proper legal guidance for your divorce far outweighs the potential costs of trying to handle it alone. The uncontested divorce process might seem simple, but minor errors in paperwork or agreements can lead to significant issues, and fixing these mistakes often costs more than a lawyer’s fees would have been. An attorney can review your agreement, prepare necessary forms, and file them correctly.
In any agreement, your options and obligations must be clear. Even if you and your spouse agree on everything, a lawyer can prevent potentially costly problems with property division, support, or custody. You can protect your time, money, and peace of mind by working with a lawyer from the start.
What Is the Process for an Uncontested Divorce in North Carolina?
The uncontested divorce process begins when one spouse files a Complaint for Absolute Divorce in the district court of the county where either spouse lives. Next, this spouse must formally serve the other spouse with the papers. A set waiting period follows before the court will hear the case. During this time, the court checks that all paperwork is in order and that both spouses have agreed on all terms. On the scheduled court date, the judge reviews the documents. If they meet all legal requirements, the judge will sign the divorce order without an extended hearing.
How Long Does an Uncontested Divorce Take?
The timeline for an uncontested divorce in North Carolina depends on a few factors. First, the couple must live separately and apart for at least one full year before the filing. The requirement controls the earliest possible filing date. Once a spouse files, the court schedules a hearing. Many counties set hearing dates within 45 to 60 days. Some courts may be faster or slower depending on the caseload.
If paperwork errors or service delays arise, the process can take longer. If the spouses agree on all the terms of their divorce, and the forms are in order, they may finalize the divorce within a few months.
Contact a North Carolina Divorce Lawyer Near You
The Law Offices of John Drew Warlick, P.A., has built a reputation for guiding clients through divorce with skill and care. Here is what one client had to say about her experience with us:
“I would like to extend my deepest thanks to the entire firm. As my case draws to a close, I feel moved to express my appreciation. Your experience and professionalism have proved invaluable over the last year and a half. I am confronted knowing that I can put the past behind me and move on! Mr. Warlick, you made that possible. While I hope that I will not require your services again, I would absolutely recommend you to anyone in need of representation.”
– Paula Prewitt
The Law Offices of John Drew Warlick, P.A., can provide a free consultation to discuss your divorce case. When you work with our firm, you will meet directly with your attorney and stay in contact with them throughout the process. Contact us today to learn more.
