While many divorces are extremely contentious, many others are not. If you and your divorcing spouse are in agreement regarding the terms or your divorce – or are willing to work them out together – you are good candidates for an uncontested divorce. An uncontested divorce is a process by which you bypass the court’s intervention, and instead, present the judge with the divorce terms you have already agreed upon. Although you cannot speed up the minimum North Carolina divorce timeline, an uncontested divorce generally takes much less time than going to court, and it is also likely to save you money and stress in the process. If you are going through a divorce, consult with a knowledgeable Raleigh divorce lawyer today about your options.
In North Carolina, divorce is officially called absolute divorce, which simply means the marriage is permanently ended. An absolute divorce in North Carolina is what other states refer to simply as divorce or dissolution of marriage. Couples who are prepared to pursue an uncontested divorce file on no-fault grounds, which means that neither of you needs to prove that the other spouse engaged in misconduct that caused your marriage to fail.
The No-Fault Divorce Waiting Period
To obtain a no-fault divorce in North Carolina, there is a specific timeline you must adhere to, which includes:
- To file for divorce in North Carolina, at least one of you must have lived in the state for at least six months.
- You and your spouse must have lived separately from one another (in separate residences) for at least one year before filing.
- After serving your spouse with notice of the divorce lawsuit, you must wait at least 30 days for your hearing. The spouse who is being served can waive both the service requirement and the right to file an answer to the divorce complaint in order to help expedite the process.
Once you’ve made it through the waiting period, the court will provide you with a date for your hearing. At this hearing, you and your spouse will submit your final documents outlining your agreements on the issues involved in your case. These generally include:
- Your parenting plan, which delineates your agreed-upon custody arrangements and visitation schedule
- Your property settlement contract, which demonstrates how your marital property will be divided between the two of you.
- A designation of spousal support (if applicable)
If the documents you submit address all pending issues in your divorce, your divorce can be finalized.
If You Are Interested in Pursuing an Uncontested Divorce, an Experienced Raleigh Divorce Lawyer Can Help
If you and your divorcing spouse are willing to work together in pursuit of an uncontested divorce, you can save both time and expense. The dedicated and compassionate divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are on your side. Our experienced legal team will help you determine the details of your divorce in an efficient and effective manner. For more information, please don’t hesitate to contact us online or call us at (919) 838-7160 today.