At Waple & Houk, PLLC PLLC, our Charlotte uncontested divorce lawyers understand that not all North Carolina divorces required an extended fight that unfolds inside the courtroom. We know that when some spouses choose to get divorced, they can examine the details of their marriage in private and outline the terms of their dissolution without the court’s involvement.
Our Mecklenburg County uncontested divorce attorneys help our clients agree on the terms and conditions of the separation, including child custody, child support, alimony, and how to divide marital property, so they can move forward with confidence.
What are the Legal Requirements to Pursue an Uncontested Divorce in North Carolina?
While an uncontested divorce — also called an absolute divorce — in North Carolina is more streamlined than its contested counterpart, there are still legal requirements that must be met to move forward.
They include observing:
- The mandatory separation period.
- The residency requirement.
- The mutual agreement on the terms of your divorce, including property distribution and, when applicable, alimony, child custody, and child support.
The mandatory separation period requires the spouses to live separately from each other for at least a year and intend to remain permanently separated.
The residency requirement means either spouse must have resided in the state for six months or more to file for a divorce.
When both spouses agree to all the terms of the divorce, including:
- How to divide the marital property and allocate any outstanding debts.
- Whether either spouse will pay the other alimony, how much, and for how long.
- Child custody and visitation details.
- Child support, including the responsibility for health insurance and medical/dental expenses.
Our skilled uncontested divorce lawyers in Charlotte will outline each of your marital dissolution details and submit all the necessary paperwork to the court to finalize the absolute divorce, so you can move forward with your new life without further delay.
What are the Benefits of an Uncontested Divorce in North Carolina?
There are several benefits when pursuing an uncontested divorce, including:
- Expediting the overall divorce process.
- Less expensive than a contested divorce.
- All decisions are made between the spouses, allowing for a more predictable outcome without the court’s intervention.
- Any disputes resolved privately or during mediation are kept out of the public record.
- Provides a smoother transition for minor children by keeping disputes to a minimum.
When spouses can make divorce decisions privately, they can amicably move forward knowing their decisions are permanent, or that they can revisit any aspect of their divorce by having a plan in place to do so.
This means, if at any time, parents decide to change their custody positions, their uncontested divorce decree will include details on how to accomplish the details, so the court does not become involved in their future decisions. Uncontested divorce agreements also allow room to determine how disputes will be managed, so all future legal needs remain private.
While uncontested divorces are not for all North Carolina spouses, they can benefit many, and we can help produce real legal solutions for your unique family law needs.
Contact Our Skilled Uncontested Divorce Lawyers in Charlotte, North Carolina Today
At Waple & Houk, PLLC, we understand divorce is never easy. However, participating in an uncontested divorce in North Carolina can ease the tension, stress, and anxiety of the process,
Our attorneys are committed to being available and accessible during this difficult time, helping our clients navigate the challenges by making informed decisions about their cases.
Contact our skilled family law lawyers in Charlotte today by calling (704) 954-8697 or contact us online to schedule a case review to learn more about your legal rights and options to pursue the best financial outcome for your unique circumstances.
Frequently Asked Questions for Our Uncontested Divorce Attorneys in Charlotte, North Carolina
Like every other type of service, every Charlotte uncontested divorce lawyer charges a different price. Uncontested divorces are typically considerably cheaper than contested divorces since things like child support, child custody, and other family law services are not involved.
The best thing you can do is set up a consultation with a local divorce attorney at Waple & Houk, PLLC to get your questions answered and find out how much your uncontested divorce will cost.
A North Carolina divorce defendant has 30 days to file an Answer with the court or request a motion for an extension of time to file an Answer, or at the end of 30 days when no Answer is filed.
If the divorce is uncontested, the defendant does have the option to waive the 30 days by submitting a Waiver and Answer form. When this period expires, the Clerk’s office will set a hearing date to finalize the divorce decree. The finalization will depend on the North Carolina family court schedule
In North Carolina, you are required to go to court and attend a final divorce hearing. Our leading uncontested divorce attorneys in Charlotte will make you aware of the court date, and ensure you are prepared to finalize the details, so you can move forward with your new life with confidence.
Yes. Even if you were married in another state, you can get divorced in North Carolina if you meet the requirements. This includes one of you living in the state for at least six months and being separated for at least one year.
North Carolina law does not require you to retain a divorce attorney to pursue an uncontested divorce. However, with all legal matters, partnering with a skilled divorce attorney in Charlotte will ensure your rights are protected from the start of your case. It will also ensure your divorce agreement is reviewed, and that you are getting what you deserve from your marital dissolution. Partnering with a North Carolina divorce attorney — even during an uncontested divorce — means never leaving your current livelihood or future to chance.