Raleigh Uncontested Divorce Lawyers

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) 480-8005 to schedule a consultation.

A divorce attorney is invaluable to your case. Find out how they can help you.

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.

Why Would You Want 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.

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 Raleigh, NC?

The process for an uncontested divorce in Raleigh, North Carolina is as follows:

Step 1: Meet the residency requirements.

At least one spouse must have resided in North Carolina for at least six months before filing for divorce.

Step 2: Live in separate homes for at least one year.

The separation period begins when one spouse leaves the marital home with the intent to end the marriage. At least one person must have the intent to not return to the marriage and home.

Step 3: Reach an agreement on all divorce-related issues.

This includes property division, child custody, alimony, and child support.

Step 4: File the necessary divorce paperwork with the Wake County Clerk of Court.

This includes a complaint for divorce, a summons, and a domestic civil action cover sheet. If you have questions about the divorce paperwork, contact the Wake County Family Court or ask an uncontested divorce lawyer.

Step 5: Serve the divorce papers on your spouse.

This can be done by personal service, certified mail, or publication.

Step 6: Wait 30 days after service.

This is the time period that your spouse has to respond to the complaint. If your spouse does not respond within 30 days, you can proceed with the divorce by default. If you and your spouse agree on all major issues, your spouse can waive the right to file an answer to the complaint.

Step 7: Attend a final divorce hearing.

The judge will review your separation agreement and grant the divorce at the hearing if all the requirements have been met.

How an Attorney Can Help with 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.

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.

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.

An attorney can help you save time, money, and stress during your uncontested divorce.

Let Our 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.

Call Breeden Law Office at (919) 480-8005 or contact us online today.