If you and your spouse are looking to streamline the divorce process, you should try to agree on all major issues within the divorce. Reaching an agreement can allow you to avoid a drawn-out divorce trial and instead go through an uncontested divorce. You have surely heard countless stories of adversarial divorces in which the disagreements lead to bitter disappointments for one or both of the parties, and you recognize you have the opportunity to avoid a similar scenario. Working with an uncontested divorce lawyer can help you ensure your divorce process remains on course and efficient for both parties.
Depending on the complexity of your shared assets, property, and children, agreeing on these matters may be challenging. Before you call on a judge to make a decision for you, you can hire a divorce attorney for assistance regarding these matters.
Our uncontested divorce lawyers can help you and your spouse consider all of your options for reaching an agreement, such as divorce mediation. They can also communicate with the other spouse on your behalf, helping you avoid further conflicts.
To file for an uncontested divorce, you and your spouse should file a case on “no-fault” grounds. Neither party will be able to dispute a false claim in the divorce.
You and your spouse will also need to agree on all of the following issues:
Contact Speaks Law Firm, PC, Family Law Division today to schedule a case review, where we can assess whether uncontested divorce is the appropriate option for you.
Before you can file for divorce in North Carolina, you and your spouse must live apart for at least one year. Then, you can begin the paperwork to file for an uncontested divorce.
You will need to file the following documents with the court:
Additional paperwork may be required, depending on your circumstances. You’ll also need to pay filing fees with the court. You and your spouse will also complete a settlement agreement that discusses major issues within your divorce case.
Finally, while North Carolina has a 30-day waiting period between the time a spouse is served with paperwork and the divorce hearing, couples can coordinate so the spouse who is served submits a Waiver and Answer form to waive this requirement. This allows the court date to be set as soon as the answer is filed. You and your spouse will then need to attend a final hearing.
Uncontested divorces are often much faster than contested divorce cases. However, you and your spouse will first need to live apart for a year before filing for divorce. If you currently live together, this requirement can add some time to your divorce process.
Once you are eligible to file the divorce paperwork, you can use a Waiver and Answer form to waive the 30-day wait, allowing you to schedule your hearing and have your divorce finalized within a few weeks. Several factors can affect the exact timing of your final hearing, such as the judge’s availability, the court’s ability to process your paperwork, and both parties’ cooperation.
If you and your spouse would like a fast divorce, working with an uncontested divorce attorney can help. Your attorney can advise you throughout the process to speed along the divorce and encourage a quick final judgment.
If you and your spouse agree on all matters in the divorce, you will not need to attend hearings where the judge decides on matters for you. However, you will still need to go to court to attend the final divorce hearing.
Your hearing will be scheduled with the court a few weeks in advance. At the hearing, the judge will ask if both parties are present, and you will need to testify that you have completed all of the requirements for an uncontested divorce.
The judge will then sign the Judgment of Absolute Divorce. This judgment officially ends the marriage.
Contact our legal team to schedule a case review to ensure your uncontested divorce process remains on track. Our attorneys can help you from the beginning to guide you through this process.
While retaining an attorney is not mandatory in an uncontested divorce, it can provide many benefits. Your attorney can help ensure that you file all of the correct documents throughout the divorce process, guide you along the way, answer your questions, and take steps to keep your uncontested divorce on course and moving efficiently.
At Speaks Law Firm, PC, Family Law Division, we have extensive experience assisting clients with divorce cases. Whether your divorce is simple or complex, we can provide professional guidance to help you through it.
Contact us today to schedule your case review with our uncontested divorce lawyer team.
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