Understanding Uncontested Divorce in North Carolina

Divorce can be an emotionally challenging process, but it doesn’t have to be a long or costly one. If both spouses agree on all the terms of their divorce, including property division, child custody, alimony, and support, they may be eligible for an uncontested divorce. An uncontested divorce is typically quicker, simpler, and less expensive than a contested one. At James L. Jordan Law, we help clients in North Carolina navigate the process of uncontested divorce, ensuring that the legal requirements are met and that both parties are informed every step of the way.

If you and your spouse are in agreement and want a smoother, less stressful divorce process, here’s everything you need to know about uncontested divorce in North Carolina.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all key issues of the divorce. These issues typically include:

• Property division: How marital property and debts will be divided.
  
• Spousal support (alimony): Whether alimony will be paid, and if so, how much and for how long.
  
• Child custody and visitation: A plan for where the children will live and how parenting time will be shared.
  
• Child support: An agreement on the financial support of the children.
  

Because both spouses agree on these issues, the court’s role is simply to approve the terms and finalize the divorce. The process is far quicker than a contested divorce, and without the need for a trial, the costs are generally lower as well.

Grounds for Divorce in North Carolina

North Carolina allows for no-fault divorce, meaning that you don’t have to prove that one spouse is at fault for the breakdown of the marriage. The primary ground for divorce in North Carolina is that the spouses have been living separate and apart for at least one year.

This is clearly outlined in NC General Statutes § 50-6.

To file for divorce, at least one spouse must have been a resident of North Carolina for at least six months prior to filing, as per NC General Statutes § 50-8.

The Process of an Uncontested Divorce in North Carolina

If both parties agree on the terms of their divorce, the process is generally straightforward. Here’s an outline of the steps involved in an uncontested divorce:

1. Filing the Complaint for Divorce
   One spouse, referred to as the plaintiff, files a complaint for divorce with the court. The complaint will outline the terms of the divorce, including the division of property, spousal support, child custody, and support. The plaintiff must also verify that the separation period of at least one year has passed and that residency requirements are met.
   
2. Serving the Divorce Papers
   The plaintiff must serve the divorce papers to the other spouse, referred to as the defendant. In an uncontested divorce, the defendant generally agrees to the terms, and will file an answer in which they state their agreement.
   
3. Settlement Agreement
   If both parties have agreed on the terms of the divorce, they will create a separation agreement or marital settlement agreement. This document outlines how property will be divided, if alimony will be paid, the custody arrangement for any children, and the child support amount. This agreement is submitted to the court as part of the divorce petition.
   
4. Finalizing the Divorce
   After the settlement agreement is submitted, the court will review the divorce paperwork. If everything is in order, the judge will issue a divorce decree, officially ending the marriage. In most cases, there is no need for a hearing or trial.
   

Benefits of an Uncontested Divorce

An uncontested divorce offers several key benefits over a contested divorce, including:

• Faster Process: Since there’s no need for a lengthy trial, the divorce can typically be finalized within a few months, whereas contested divorces can drag on for months or even years.
  
• Lower Costs: Without a trial, discovery, or extensive court hearings, the overall cost of an uncontested divorce is usually much lower.
  
• Less Stressful: An uncontested divorce is often less emotionally taxing because both parties are cooperating to reach an agreement. It allows both spouses to move on more peacefully.
  
• Privacy: Because there are fewer court appearances, there’s less public exposure of your personal life and issues related to your divorce.
  

Child Custody and Support in an Uncontested Divorce

Even when the divorce is uncontested, child-related issues such as custody and support must be addressed. The court will always prioritize the best interests of the child when making decisions about custody and support (as per NC General Statutes § 50-13.2).

• Child Custody: In an uncontested divorce, the parents can agree on joint custody, primary custody, or a shared custody arrangement, depending on what works best for the child’s needs. These agreements will be submitted to the court for approval.
  
• Child Support: North Carolina uses the Child Support Guidelines to calculate the amount of child support that is due based on the parents’ incomes, the number of children, and other factors such as healthcare, daycare, and extracurricular costs (NC General Statutes § 50-13.4).
  

What Happens After the Divorce is Finalized?

Once the court signs the divorce decree, the divorce is final. However, there are a few important steps that may follow:

• Property Transfers: Marital property (e.g., the family home, cars, retirement accounts) will be divided according to the terms of the separation agreement.
  
• Alimony: If alimony was agreed upon, the payments will begin as outlined in the divorce agreement.
  
• Name Change: Either spouse can request a name change as part of the divorce process. If one spouse wishes to revert to their maiden name or change their surname, they can request this as part of the divorce proceedings.
  

Can an Uncontested Divorce Be Modified?

An uncontested divorce can be modified if there is a substantial change in circumstances. This may apply to child custody, child support, or alimony agreements:

• Child Support: Can be modified if there is a significant change in income or the needs of the child (per NC General Statutes § 50-13.7).
  
• Child Custody: Custody orders can be modified if there is a significant change in circumstances affecting the child’s welfare (per NC General Statutes § 50-13.7).
  
• Alimony: Alimony can also be modified or terminated if there’s a substantial change, such as the recipient remarrying or cohabiting with a new partner (per NC General Statutes § 50-16.9).
  

Final Thoughts

An uncontested divorce in North Carolina can be a quick, affordable, and less stressful option for couples who are able to agree on the terms of their divorce. By choosing an uncontested divorce, you can avoid the time-consuming and costly litigation process.

At James L. Jordan Law, we understand that divorce can be a difficult decision, but we’re here to guide you through an uncontested divorce with confidence. Whether it involves child custody, alimony, property division, or any other issue, we will provide you with the legal support you need to ensure that your rights are protected.

If you’re considering an uncontested divorce in North Carolina or have questions about the divorce process, contact James L. Jordan Law today to schedule a consultation.