WHY CHOOSE BREEDEN LAW OFFICE:
25
+Years of Experience
4
+Office Locations
20
+Attorneys and Staff Members
1,000
+Clients Served
300
+5-Star Reviews
Call a Wake County Attorney to Help with Your Uncontested Divorce
Many divorces involve a lot of conflict. However, that’s not necessary. An uncontested divorce can be much easier than the alternative. An experienced low-conflict divorce lawyer can guide you through the termination of a marriage so that you can move forward.
Breeden Law Office has a team of legal professionals ready to help. We will listen to your story compassionately and help you get the best outcome possible. Call us today at (919) 822-8568 to schedule a consultation.
What is an Uncontested Divorce?
An uncontested divorce is a termination of marriage where both spouses agree to all issues of the separation. That includes an agreement on how to handle child custody, child support, spousal support (alimony), separation of debts, and division of marital property.
What’s the Benefit of an Uncontested Divorce?
Uncontested divorces are often favored because they are more amicable and have less legal conflict. However, that does not mean the parties are always happy with the outcome. A prenuptial agreement may dictate how issues will be handled rather than a current agreement between the spouses.
Low-conflict divorces like uncontested divorces in North Carolina can reduce the time it takes to achieve legal separation. It can also limit the overall cost of the divorce process.
Do Both Spouses Have to Agree to a Divorce?
In an ideal situation, if a couple recognizes the need for a change, they may both agree to a divorce. We’re ready to help you in case someone disagrees, or if you need to learn more about your options.
Watch Video
What are the Requirements for an Uncontested Divorce?
To obtain an uncontested divorce in North Carolina, you must meet the following requirements:
- Either spouse has lived in North Carolina for six months or more.
- The spouses have lived separately for at least one year.
- The spouses intend to remain separated permanently.
- There is no disagreement on issues of the divorce.
Each of these requirements must be met or an uncontested divorce is not possible in North Carolina. A low-conflict divorce lawyer can help determine if you and your spouse qualify for an uncontested divorce in North Carolina.
What is the Process for an Uncontested Divorce in Cary, NC?
A divorce case is filed and moves through the Wake County District Court. The court is located at 316 Fayetteville St. Mall, Raleigh, NC 27601. They can be reached at 919-792-4875.
Here are the steps to obtaining a divorce as described in the court’s North Carolina Divorce Packet. All forms described below are available in the divorce packet, which is provided through the judicial system.
Related Divorce Topics:
Why Should I Call an Attorney for an Uncontested Divorce?
A low-conflict divorce attorney can help with an uncontested divorce in several ways, including:
- Drafting and reviewing the separation agreement. This legally binding document outlines all the divorce terms, including property division, child custody, alimony, and child support. It is essential to have an attorney review the agreement to ensure that it is fair and that it protects your interests.
- Filing the necessary paperwork with the Wake County Clerk of Courts. An attorney can help you file the correct forms and ensure that all the requirements are met.
- Serving the divorce papers on your spouse. An attorney can serve the papers on your spouse correctly and ensure they are received.
- Negotiating with your spouse on your behalf. If you are having difficulty reaching an agreement with your spouse on certain issues, an uncontested divorce lawyer can negotiate with them on your behalf.
- Representing you in court. If necessary, an attorney can represent you in court at the final divorce hearing.
Here are some specific examples of how an attorney can help with an uncontested divorce:
- If you have children, an attorney can help you develop a parenting plan in their best interests. This includes determining child custody, visitation, and child support.
- If you have significant assets, an attorney can help you divide them fairly and equitably. This includes real estate, investments, and retirement accounts.
- If you are receiving or paying alimony, an attorney can help you negotiate a fair amount and ensure the payments are made on time.
- If you have any questions about the divorce process, an attorney can provide guidance and support.
Even if your divorce is uncontested, consulting with an attorney to discuss your options and ensure your rights are protected is still a good idea.
A Cary divorce attorney can help you save time, money, and stress during your uncontested divorce.
FAQs about Uncontested Divorces in North Carolina
Can we file for an uncontested divorce in North Carolina if we still live in the same home?
No. North Carolina law requires that spouses live separately in different residences for at least one continuous year before filing for divorce. Simply sleeping in separate rooms under the same roof doesn’t meet this requirement.
Do we both need to attend the final hearing in an uncontested divorce?
Not necessarily. In most uncontested divorce cases, only the filing spouse is required to attend the hearing. However, it’s important to follow the local court’s requirements, and an attorney can confirm who must be present and what documentation you’ll need.
What happens if we agree on most issues but still disagree on one part of the divorce?
If there is even one unresolved issue—like how to divide a retirement account—the divorce becomes contested. You would need to resolve that issue before moving forward with an uncontested divorce, or proceed with a contested case. A divorce lawyer can help facilitate a final agreement.
Can we use one lawyer for both spouses in an uncontested divorce?
No. While one attorney can prepare the paperwork and handle filing, they can only ethically represent one spouse. The other spouse may choose to review the agreement independently or consult with their own attorney, especially if significant assets or custody issues are involved.
How long does an uncontested divorce usually take in Cary?
Once the paperwork is filed and served, there is a mandatory 30-day waiting period before the court can finalize the divorce. If there are no delays, the process can be completed within 45 to 90 days, depending on the court’s schedule and whether the paperwork is correctly filed.
Let a Cary Uncontested Divorce Lawyer Help You
An uncontested divorce lawyer can handle the legal issues of your case that might not be easily managed without the assistance of a professional. You shouldn’t have to go it alone. The low-conflict divorce attorneys at Breeden Law Office are ready to listen to your story and guide you through an uncontested divorce case.
919-480-8005
Divorce In North Carolina: What You Need to Know
Attorney Breeden is your guide and explains your journey as only a divorce lawyer can. He’ll walk you through what happens next in the divorce process covering topics such as child custody and dividing assets.
Download Our EbookHear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.