Charlotte Uncontested Divorce

Helping Couples Find Peaceful Resolutions

Not every divorce has to involve heated disputes over property, finances, or children. Many couples agree on the reasons for their separation, how to divide assets, and arrangements for custody and support. An uncontested divorce allows spouses to end their marriage without dragging their disagreements into court. If you’re considering divorce and want to explore amicable solutions, a family law attorney can guide you through your options and help make the process smoother. At Rech Law, P.C., our Charlotte uncontested divorce attorneys can help you file the appropriate paperwork and reach an agreement with your spouse, so you can move on with your life. 

What is an Uncontested Divorce in North Carolina?

An uncontested divorce lets couples decide major issues like finances, child custody, and support without court intervention. This approach often costs less, moves faster, and keeps matters private. It can also help maintain a positive relationship between spouses by encouraging collaboration. Couples who cannot agree on terms may explore options like mediation or collaborative divorce to avoid court battles.

Connect with one of the trusted Charlotte uncontested divorce attorneys at Rech Law, P.C. today by calling (704) 659-0007 or contacting our team online to schedule a consultation. 

What You Need to Know About Uncontested Divorce

An uncontested divorce, often called a simple divorce, happens when both spouses agree on major issues like dividing assets, alimony, and child custody. However, it’s not just about mutual agreement—it’s crucial to meet specific legal requirements to ensure the process goes smoothly. For instance, property division and alimony must either be agreed upon or have a claim filed before the divorce is finalized, or these rights are permanently lost in North Carolina.

If you're planning to pursue an uncontested divorce, there are several important things to note, including: 

• Residency: At least one spouse must have lived in North Carolina for six months or more before filing.
• Separation Length: Couples must have lived in separate residences for at least one continuous year. Even briefly sharing a roof during this time will reset the clock.
• Faster Process: Although you’ll need to meet the one-year separation rule, uncontested divorces still save time compared to contested divorces by avoiding drawn-out disputes.
• Changing Minds: Either spouse can back out and contest issues like property or custody until the judge signs the final order. However, unresolved disputes can still be addressed in court even after a divorce is granted.
• Separation Agreements: A one-year separation agreement can help define terms like custody arrangements, financial obligations, and who will live in the marital home. While not required, this contract ensures clarity and protection for both parties.
• Affordability: Uncontested divorces are significantly cheaper. The filing fee is $225, with additional costs for serving paperwork. This is much less than the $15,000 average contested divorce costs.

An uncontested divorce is a simple and cost-effective way to end a marriage when both parties agree on the terms. It ensures a smoother process while allowing you to retain control over important decisions without relying on the court.

Steps to Finalize an Uncontested Divorce

To begin an uncontested divorce in North Carolina, a couple must have lived separately for at least 12 months, and one spouse must have been a state resident for six months or longer. Either party can file a Complaint for Absolute Divorce, which is then served to the other spouse. The recipient can waive service or respond within 30 days. Once this period passes, a divorce hearing can be scheduled. If there are no unresolved issues, the judge will sign the divorce judgment, officially ending the marriage.

Does Hiring a Lawyer Increase Divorce Costs?

You aren’t required to hire a lawyer for an uncontested divorce, but it can protect your interests. While your spouse may initially agree with the terms, people can change their minds. You risk being disadvantaged if they get legal representation and you don’t. A skilled attorney can help you fight for your rights and safeguard your interests. Legal support also helps couples avoid complications and unexpected legal pitfalls if the situation shifts.

Requirements for an Uncontested Divorce in North Carolina

To qualify for an uncontested divorce in North Carolina, you must meet specific criteria. First, spouses must live separately for at least one year. Additionally, at least one spouse must have lived in the state for six months before filing. Since North Carolina is a no-fault state, no specific reason, like misconduct, is needed to file for divorce. To proceed with an uncontested divorce, couples must resolve all disputes over specific issues, like property division, alimony, child custody, and support. When no conflicts remain, the divorce process is straightforward — you can file the required paperwork, pay the court fees, and move ahead without lengthy legal battles.

Our Charlotte uncontested divorce attorney is available for consultations. Contact our team online today.