Uncontested Divorce in North Carolina: What It Really Means

Divorce and separation

Uncontested does not mean easy or automatic. It means everything else was settled first, and it carries one trap that costs people a great deal.

On this page

1. What uncontested means
2. The trap inside the word
3. When it fits
4. Serving a spouse
5. What it costs

What uncontested actually means

An uncontested divorce is not a different kind of divorce. It is the same absolute divorce action, in which the defendant does not dispute the grounds. The elements are identical: one year and a day of separation, intent that it be permanent, and six months of North Carolina residency by one spouse.

What makes it uncontested is that everything else was already settled, usually in a separation agreement, before the divorce was filed.

The uncontested route

The order matters. Settling first is what makes the divorce itself simple.

The trap inside the word simple

Read this before you file

Claims for equitable distribution and alimony must be pending when the absolute divorce judgment is entered. If they are not, they are extinguished permanently. A do-it-yourself uncontested divorce filed to feel finished can destroy a claim to half a retirement account.

Uncontested is safe when everything is genuinely resolved in writing. It is dangerous when it is simply quiet.

When it fits and when it does not

Is your case actually uncontested?

Serving a spouse who will not cooperate

Uncontested does not require cooperation. The defendant must be served, but service can be accomplished by sheriff, by certified mail, by an authorized process server, or — when a spouse genuinely cannot be located after diligent efforts — by publication with court approval. A defendant can also sign an acceptance of service, which is the smoothest path when the parties are on speaking terms.

What it costs, honestly

The filing fee is set by statute and is the same regardless of who files. The variable is the legal work, and the cost of an uncontested divorce is driven almost entirely by whether a separation agreement has to be negotiated and drafted first. The divorce itself is the inexpensive part; the agreement that makes it uncontested is where the value is.

Uncontested is the destination, not the starting point. The work that makes it uncontested happens months earlier.Christopher Adkins, Adkins Law

Frequently asked questions

Can we file for divorce together in North Carolina?

No. One spouse files and the other is served, though the case can be entirely uncontested and a defendant can sign an acceptance of service.

Do I need a lawyer for an uncontested divorce?

Not required, but the risk is losing property and alimony claims by filing before they are resolved. That is what advice protects against.

How long does it take?

After the one-year separation, the filing and response period generally take a matter of weeks, depending on the county calendar.

What if my spouse will not sign anything?

Signature is not required. The spouse must be served, and the divorce can proceed without their agreement.

Confirm nothing is left unresolved

Before you file, one conversation can confirm that no property or support claim is about to be extinguished. That check is the cheapest insurance in family law.

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Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• Absolute divorce in North Carolina
• Separation agreements
• Property and debt
• Divorce and separation

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

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This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.