For many individuals, the notion of an uncontested divorce suggests a straightforward process: file the necessary paperwork, have it approved by a judge, and move on with life. However, whether an uncontested divorce is feasible for you depends on two primary factors.
Understanding the Statutory Requirements
The first consideration is whether you meet the statutory requirements for obtaining a divorce in North Carolina. There are only two grounds for divorce in the state:
- Separation for One Year: You and your spouse must have lived separate and apart for at least one year, with at least one spouse intending for the separation to be permanent.
- Incurable Insanity: One spouse must be incurably insane, and the couple must have lived separate and apart for three consecutive years.
It is crucial to meet these criteria precisely. If you satisfy these requirements and your spouse does not dispute them, you can likely proceed with an uncontested divorce.
However, if there is disagreement about the date of separation or the duration of the separation, the divorce becomes contested, requiring court intervention to resolve these issues.
Settling Marital Issues
The second critical factor is whether you and your spouse have resolved all issues related to your marriage and divorce, including:
- Property Division
- Spousal Support
- Child Custody
- Child Support
If these matters have not been settled through a valid separation agreement or consent order, filing for divorce may prompt your spouse to counterclaim for these issues. This scenario can complicate the process, turning what you hoped would be an uncontested divorce into a contested one.
Steps to Ensure an Uncontested Divorce
To facilitate an uncontested divorce, addressing and resolving all potential counterclaims before filing is essential. Here are steps you can take to streamline the process:
- Sign a Separation Agreement: A separation agreement should clearly state the date of separation and address property division, and spousal support.
- Obtain a Consent Order: A consent order from the court can formalize the agreements related to child custody and child support, providing legal backing and minimizing the likelihood of disputes during the divorce process.
Retaining an attorney to draft and/or review these documents can ensure that all issues are addressed properly, paving the way for an uncontested divorce.
Example Scenario
Consider this scenario: Jane and John have been separated for over a year, living in different residences with no intention of reconciling. They have a separation agreement that outlines the division of their property and spousal support arrangements, and a consent order that addresses custody of their children. With everything documented and agreed upon, Jane files for an uncontested divorce. John does not dispute the separation date or the terms outlined in their agreement. Their divorce proceeds smoothly, and a judge grants the divorce without further complications.
In Conclusion
An uncontested divorce in North Carolina is possible if you meet the statutory requirements and have resolved all issues related to the marriage and divorce. Ensuring you have a clear and comprehensive separation agreement or consent order can prevent disputes and streamline the divorce process. If you are considering an uncontested divorce, contact Stallard & Bellof for expert legal guidance to help you navigate the process smoothly and protect your interests.
Krista Stallard
Krista Stallard is an experienced family law attorney specializing in divorce and custody cases, passionate about alternative dispute resolution, and committed to providing excellent legal representation to her clients.
For more information on uncontested divorce and how to ensure a smooth process, contact Stallard & Bellof today. Our experienced family law attorneys are here to provide the guidance and support you need.
