If you and your spouse agree it is time to end your marriage and there are no major arguments regarding dividing your assets, alimony, spouse support, then you may obtain an uncontested divorce. This is also known as a simple divorce.
An uncontested divorce is also not the right process for you if there are any disagreements on major aspects of the divorce, such as alimony or distribution of property.
Whether or not you and your spouse are on the same page with the divorce, you should hire a no fault divorce attorney to guide you through the process. To discuss uncontested divorce and North Carolina divorce law that is applicable to your situation, call Breeden Law Office at (919) 661-4970 to schedule a consultation.
An uncontested divorce requires:
You or your spouse must have been a resident of North Carolina for at least six months before filing for divorce. If you have not been in the state for at least six months, you are not yet eligible to file.
You two must have lived separately for at least one year. The separation requires that you or your spouse moved out of your shared home, and one or both of you intended for the move to be permanent. Once you have lived apart for one year and one day, then you may petition for an uncontested divorce. The year-long separation period proves there are irreconcilable differences, and that the marriage cannot be fixed.
Neither you or your soon-to-be ex-spouse are claiming that the other caused the divorce.
In an uncontested divorce, you and your spouse either agree on all of the major aspects of the divorce, or you have already settled these in a separation agreement. If you two do not have children or shared property, there may not be much to argue over. You and your spouse may have sat down and figured everything out during your separation. In this case, you only need the court to grant you a divorce to finalize the process.
If you and your spouse want an uncontested divorce, you can benefit from a couple of time-saving measures that are less likely to occur in a traditional divorce. In any type of divorce, you must serve your spouse the documents and summons to court after you file, or vice versa. You or your spouse may sign an Acceptance of Service form to avoid the formal service of process.
You and your spouse may prepare a notarized separation agreement. With this document, you may file for divorce, serve your spouse, and then you may attend the hearing to obtain the final divorce order. You spouse does not have to attend since they are not contesting the divorce or any aspect of your agreement. Your spouse can also choose to not contest a divorce simply by not showing up to the hearing. If you properly file and serve your spouse and they do not attend court, you may obtain divorce judgment.
An uncontested divorce can be obtained in one hearing, whereas a contested divorce may require you to go to court multiple times over months or more than a year.
What may look like an uncontested divorce could quickly become contentious. That is why you should always have an experienced divorce lawyer represent you when ending your marriage.
You and your spouse’s situation could change during your separation. For instance, you may have agreed to a child custody arrangement until your spouse started a new romantic relationship, and you are worried about this other adult’s presence in your child’s life.
Conversely, you and your spouse may have entered a contentious separation period only to come to an agreement on all of the major issues before filing. In this case, you and your spouse may not need the court to make any final decisions. In either situation, a lawyer can help you handle the decision that need to be made.
When you are unfamiliar with your rights or various options during a divorce, it is all too easy for your spouse to gain the upper hand, particularly if they hire an attorney when you do not. A lawyer makes sure you obtain all the information you need regarding your marital estate and spouse’s finances. This is necessary to negotiate a fair property settlement and alimony agreement.
Finally, a divorce lawyer handles the practical aspects of your case, including filing the proper paperwork, serving your spouse, appearing in court, and speaking in front of a judge.
Divorce can be much easier to face when you and your spouse are in agreement. An uncontested divorce may be the right thing for both of you, and make this major change easier on your children. However, an uncontested divorce is still a serious legal process. It will have a significant impact on your life and finances, and you deserve to have accurate legal information and objective advice while going through the process.
That is why attorney Jonathan Breeden is here. He can guide you through the legal process and help you obtain an uncontested divorce as quickly as possible.
Call Breeden Law Office today:(919) 296-3978