Uncontested Divorce in North Carolina

An uncontested divorce can turn out to be a two-way or one-way process. In two-way process, both the divorcing partners take active part in reaching an agreement regarding all the major issues of the divorce. In one-way process, the Defendant simply does not respond and the Plaintiff has to proceed with the default process.

The partner who files the action is called as the Plaintiff. The partner who responds to the action is referred to as the Defendant. Before the divorce is filed, either the Plaintiff or the Defendant must have resided in this state for minimum 6 months.

Steps of Uncontested Divorce in North Carolina

• The court papers are filed that ask for a divorce as well as care of the children and division of property.
• The Defendant is notified that the divorce has been filed.
• A hearing is scheduled.
• The divorcing partners are notified regarding the hearing date.
• The divorcing partners have to attend the hearing. The judge signs the judgment that grants the divorce.

The Defendant is served a Summons. As per the Summons, the Defendant has 30 days within which he or she should respond to the Divorce Complaint. The Petitioner files an Affidavit of Service in the court. This affidavit is evidence that the Defendant has been served properly. The Service of process is done by certified mail or by the Sheriff in the county of residence of the Defendant.

2 routes of Uncontested Divorce in North Carolina

The uncontested divorce procedure can proceed along 2 paths.

In the first path, the divorcing couple reaches a consensus on all issues of the divorce like alimony, child support, child custody, property division and distribution. Further, the divorcing couple develops a separation agreement and in the presence of the notary public, puts down their signatures on it. The next step is to properly serve the Defendant. Then, it is compulsory only for the Petitioner to attend the divorce hearing. The divorce procedure can be sped up after the Defendant signs Acceptance of Service.

In the second path, the Respondent simply does not respond to the Petition. In such a case, the default procedure can be followed.

The common factor in both the above mentioned routes is that the action starts when the Divorce Complaint, Civil Summons and the Verification is filed. At the time of filing the Complaint or prior to the final hearing, the Plaintiff is supposed to file the following documents.

• Divorce Judgment.
• Certificate of Absolute Divorce or Annulment
• Separation Agreement.

If the divorcing couple has minor children, an Affidavit must be filed by the Plaintiff regarding the Status of the Minor Child for each un-emancipated child. This form consists of the following data.

• Information regarding the child.
• Place of residence of the child.
• Custody decisions.
• Status of the child in the divorce.

Sometimes it may happen that the Defendant fails to reply to the Complaint. Still, the Defendant must be notified a Notice of Hearing.

Divorce Papers