There are two terms that are used often when referring to divorce: contested and uncontested.
Those terms are almost self-explanatory. Contested means that the couple does not agree on the issues of their separation, including things like child custody, child support, spousal support, and property division. If there is a contested case, it is likely that a lawsuit will need to be filed, and a judge will need to finally decide how all the issues need to be resolved. But if all divorces involve a lawsuit, what does uncontested mean?
The Meaning of Uncontested Divorce
Uncontested means that the parties have resolved all their issues. But, to become single again, the couple will need a divorce. The divorce laws are straightforward in North Carolina, but a divorce lawsuit does need to be filed. Neither party needs to allege any fault ground like adultery, abandonment, or abuse.
What to Put in a Claim for Uncontested Divorce
What is needed in the claim for divorce is clear. The party who files the lawsuit will be the plaintiff; the other party will be the defendant. The plaintiff’s complaint/legal document will need to contain statements regarding where the plaintiff and defendant both reside and that one of the parties has been a resident of North Carolina for at least 6 months prior to filing.
This document must also contain the date of marriage and the date of separation; there must be a statement that when the parties separated that at least one of the parties had the intention for the separation to be permanent and that the separation has been permanent. The parties must be separated for at least one year (365 days) before either of the spouses can sign and file the divorce complaint.
Other information that needs to be contained in the complaint: names and ages of any minor child; a statement regarding the defendant’s military service status; and a statement that the defendant is over 18 and mentally competent. An uncontested divorce complaint does not resolve any child custody or child support matters. The law just requires that their names and ages be contained in the document.
Making the Complaint Official
Many legal documents, including the divorce complaint, require that signatures be notarized and that the plaintiff affirms or swears that the information contained within the document is true.
The uncontested divorce complaint can be filed any time at the “one year and a day” mark. So, if a couple separated on May 1, 2024, the divorce complaint can be filed any time on or after May 2, 2025. Many clients desire to file as soon as possible. But, it is fine if the plaintiff waits until a later date.
What Else Is Required?
Other filing documents are required: civil summons, a lawsuit coversheet, and a sworn statement of military service. The court fee is $225.
All these filing documents are required to be filed electronically in North Carolina. However, the service or delivery of these documents to the other party/defendant must be completed by a Deputy Sheriff or via mailing, direct delivery, signature required by the US Postal Service or a provider like Fed Ex.
After The Complaint is Served
Once the defendant is served, he or she has 30-33 days to respond. (30 days if a deputy delivered, 33 days if mailed) When those 30/33 days, then the plaintiff can request a court date for the divorce hearing. Every county defers on how they schedule divorce hearings, for example Wake County hears divorces every Friday morning via Webex. Durham County Judges schedule the hearing typically for about a month from the request. The Plaintiff must also file a request for a hearing and a motion (more legal documents).
If you are starting to think that contested means quick, it really does not. Most divorces take about 3-4 months to finalize. When the divorce hearing is finally held, the court requires additional paperwork like the judgment/divorce order and a state required vital records form.
The uncontested divorce process is straightforward but takes some time and several legal documents. Delays can happen when it takes some time to serve the defendant. Most county court calendars stay fully scheduled, so the divorce hearing needs to be set on an available date.
We are glad to help with forms, rules and deadlines. Contact us or call us at (919) 787-6668 for any questions you have.
Lisa has practiced law since 1987 but has also been heavily involved in legal education and writing. As a teacher at Central Carolina Community College, she has been nominated twice for Instructor of the Year. She has taught paralegal and criminal justice courses, authored legal study guides and articles for national publications, edited numerous legal studies textbooks, and consulted with legal authors on several writing and educational projects. She is also a Board member and Committee Chair for the North Carolina State Bar Board of Paralegal Certification.
