Non-contested divorce in north carolina

In short, no. They are two different things.

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A no-fault divorce just means that the parties do not need to allege grounds such as adultery, mental cruelty, abandonment, and drug or alcohol abuse in order to obtain the divorce. Instead, they merely need to establish that they have lived physically separate and apart for at least 12 continuous months and that at least one spouse intended to separate. On the other hand, an uncontested divorce means that the parties are not litigating or going to court to fight over the terms of the breakup such as alimony , property distribution , child support or child custody. Instead, they are reaching an out-of-court settlement regarding how the marriage will end.

Many people in Raleigh and throughout North Carolina can reach amicable divorce terms even if they have children together. Of course, there are additional steps required to protect the children and set forth how they will be cared for after the marriage is over.

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Once you have made the decision to retain the services of an experienced North Carolina divorce attorney , here is what you should expect:. Initial planning — First, you will meet with your attorney and discuss your goals. You should be prepared to bring the following with you to this meeting:.

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Separation agreement — Once your attorney has obtained all the necessary information from you and your spouse , an agreement can be drafted that sets forth the terms such as:. If children are involved — If there are children in the marriage, you will also need to reach a joint parenting agreement, which can serve as an agreement regarding parenting time, visitation, support and other matters involving the children.

Signing — Once both parties to the divorce have fully reviewed, commented, ask questions about or suggest edits to the agreement, a final draft can be prepared for their signatures. These decisions include:.

Filing Divorce Papers in North Carolina Without Paying Court Costs

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. 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.

How to get divorced in North Carolina

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.

Can You Get an Uncontested Divorce Without a Lawyer?

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.

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In addition, the spouses must be living separately from each other for at least a year and intend to remain permanently separated.