Uncontested Divorce in North Carolina

An uncontested divorce is a divorce where both spouses agree on the terms and conditions of the separation, including child custody, child support, spousal support, and how to divide marital property. An uncontested divorce can be a much shorter process than a contested divorce and save the couple a lot of money. If you have questions about filing for an uncontested divorce in North Carolina, talk to an experienced divorce law attorney about your options and your rights.

Agreeing on the Terms of the Divorce

divorce in North Carolina is the legal termination of a marriage. As part of a divorce, the couple has to make a lot of important decisions for themselves and their family. These decisions include:

In the ideal situation, the spouses would be able to come to an agreement on how to handle these issues after a divorce. If the spouses can agree, then there is no need to have a court decide what the couple has to do after a divorce. The spouses can use agreements and consent orders to finalize the terms of the separation.

When the couple signs their separation agreement, the agreement is a binding document. The parties who signed the document have a contractual obligation to follow the terms of the contract. Once the document is signed, the parties may not be able to change their mind unless both parties agree to modify the terms of the separation agreement. If you have any questions about agreement and consent orders in a divorce, consult an attorney before you make these serious decisions.

The only issue the parents may not be able to decide on their own is child support. Both parents in North Carolina have a legal responsibility to provide support for their child until the obligation ends. Child support payments are determined by the North Carolina Child Support Guidelines, based on a number of factors, including income, number of children, and child custody.

Parents do have some control over child support amounts because the child support guidelines are based on the custodial agreement between the parents, including whether one or both parents have physical custody of the child.

Requirements for Filing for an Uncontested Divorce

Even if both spouses agree on the divorce, one or both spouses still needs to meet the minimum residence requirements for a divorce. In North Carolina, either spouse must have resided in the state for a period of 6 months or more to file for a divorce. In addition, the spouses must be living separately from each other for at least a year and intend to remain permanently separated.

A divorce involves filing a divorce complaint with the family court. Couples who agree to do so can waive the 30 days after service of a divorce and waive their right to file an answer to the complaint. If the couple agrees to all the terms of the divorce, they can submit all the necessary paperwork and have the court finalized the absolute divorce.

Jerkins Family Law

If you are considering filing for divorce and want to know your options in seeking an uncontested divorce, Jerkins Family Law is here to help. We will advise you of your rights, help you negotiate the terms of the divorce, and represent your best interest. Located in Raleigh, North Carolina, Jerkins Family Law is committed to helping our clients in their time of need. Contact us today and see how we can help you and your family.

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Disclosure: We provide counsel and representation to clients facing hardships. The information you obtain at this site is not, nor is it intended to be, legal advice. This information on this website is for general informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to schedule a consultation so that we can help you find a solution. The information on this website does not constitute an attorney-client relationship.
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