What is an Uncontested Divorce?

North Carolina does not require there to be fault when granting an Absolute Divorce. For a divorce to be granted, there must be a showing of three main elements: (1) the parties must be living separate and apart for more than one year, (2) one party must want the divorce to be granted, and (3) there has not been a showing of reconciliation by the parties during the separation period.

A divorce is “uncontested” when both parties agree about what date they separated and that there has been no showing of reconciliation. Although North Carolina does allow for individuals to represent themselves, it is best to hire an attorney who is knowledgeable about the process to ensure you do not give up certain rights while representing yourself.

Can a divorce be contested?

Absolutely. Although it may seem like the elements of a divorce are simple, there may be times where the parties do not agree to which day they separated or whether they have “reconciled” during their separation period. These divorces are considered to be contested because the parties are not agreeing to the information required to grant a divorce, even if they both want the divorce to be granted.

What about Equitable Distribution?

An uncontested divorce may include a Separation Agreement and Property Settlement Agreement to allow the parties to decide how they want their assets to be divided in a quick and efficient manner.

Benefits of Uncontested Divorce vs. Traditional Divorce

Uncontested divorce offers several advantages over a traditional contested divorce, making it an appealing choice for couples who agree on most major issues. The main benefit is often a faster, less expensive process since both parties are on the same page about key aspects like property division, child custody, and support. Uncontested divorces generally require fewer court appearances and less paperwork, which can reduce legal fees and time spent in the legal system.

Moreover, the uncontested route is usually less stressful and more private. With fewer court proceedings and arguments, an uncontested divorce allows both parties to move forward more amicably, helping preserve a cooperative relationship—especially important if children are involved. Traditional divorce, on the other hand, often involves disputes that can draw out the process, escalate costs, and make it difficult to maintain a cordial relationship. Ultimately, uncontested divorce provides a streamlined, cooperative approach that helps couples move on with minimal conflict.

Questions to Ask Yourself When Choosing Between Uncontested and Traditional Divorce

Deciding whether an uncontested or traditional divorce is right for you depends on your unique circumstances. Here are some key questions to consider:

Are you and your spouse on the same page about major issues?

Uncontested divorce works best if you and your spouse agree on important aspects like property division, child custody, and support arrangements. If not, a traditional divorce may provide a better framework for negotiating these details.

Do you want to minimize costs and time in court?

Uncontested divorce tends to be faster and less costly, with fewer court proceedings. If you prefer a quicker resolution without substantial legal fees, an uncontested divorce might be the better choice.

Is maintaining a positive relationship with your spouse important? 

If you want to keep things amicable, especially if you have children, an uncontested divorce allows for a more cooperative approach that can help preserve a respectful relationship.

Are there complex assets or legal matters involved?

If your divorce involves complex finances, business interests, or custody disputes, a traditional divorce may be necessary to ensure that all aspects are handled fairly and thoroughly.

Do you feel safe negotiating directly with your spouse? 

Uncontested divorce requires open communication, so if you have concerns about your safety or feel intimidated, a traditional divorce with stronger legal protections may be the right choice.

By carefully weighing these questions, you can make an informed decision about which type of divorce best suits your needs and goals.

How to Prepare for an Uncontested Divorce in North Carolina

Choosing an uncontested divorce is a cooperative approach, but there’s still essential preparation needed to ensure everything goes smoothly. Here’s how to prepare:

Gather Important Documents

Collect financial records, such as bank statements, mortgage documents, tax returns, and any records of joint assets and debts. These documents will help clarify the division of assets and provide transparency in the process.

Discuss Custody and Parenting Plans (if applicable)

If you have children, work with your spouse to develop a parenting plan that includes a custody schedule, holiday arrangements, and any other important parenting details.

Plan for Health and Financial Support

Discuss health insurance coverage for each spouse and any necessary spousal or child support. Understanding each other’s needs and obligations will help prevent conflicts later.

Create a List of Personal Property and Possessions

Make a list of all personal property, from valuable items like cars and furniture to everyday household goods. Decide together how to fairly divide these possessions to prevent disagreements.

Seek Legal Guidance

Even in an uncontested divorce, it’s helpful to consult a divorce attorney who can review agreements, ensure you’re not overlooking important details, and confirm that your interests are protected.

Not sure if you have a uncontested or contested divorce? Speak with our attorney for guidance!