What Does Uncontested Divorce Mean?

When a marriage splits up, it’s a confusing and difficult time for everyone involved. There are many details to figure out, including options for divorce. There are a few different ways couples can go about ending a marriage in North Carolina, with two of the most common being contested and uncontested divorces. Those that have never been through this kind of situation before are likely to question what each of these entails, and fortunately, Emblem Legal is available to help explain. So, what does uncontested divorce mean?

Quite simply, when a dissolution of marriage is uncontested it indicates that the two parties have been able to come to an agreement on all the issues that generally come up during the divorce process. Though there might still be disputes and disagreements about certain topics, it means these were able to be resolved enough to be settled outside of the courtroom. On the other hand, a contested divorce refers to circumstances when the ex-spouses cannot figure out a resolution on one or more of the important points being discussed. Find out more about uncontested divorces below.

Issues That Must Be Agreed Upon

There are often several key issues that people must figure out before a divorce can be finalized. These include custody of the children and any subjects related to co-parenting, the amount of child support that will be received/given and for how long, the amount of alimony that will be paid and its duration, and how all assets and debt will be divided up among the parties. When each of these concerns is agreed upon, paperwork can be officially filed for the uncontested divorce. However, it’s more common for uncontested divorces to occur when there are no children or little to no assets in the picture.

How to File an Uncontested Divorce

There are six steps that must be followed in order to file for an uncontested divorce in North Carolina, which can only be completed after a couple has been separated for one year. First, a Divorce Complaint will need to be filled out. Second, it must be notarized as verification. Then, it can be filed along with a civil summons with the Clerk of Court. Once 30 days has passed since the other spouse has been served, the filing spouse can request a divorce hearing. The final step is the divorce hearing, where a judge will sign off on the divorce judgment as long as all the necessary paperwork is presented.