What is uncontested divorce in the state of North Carolina?
Uncontested divorce results when both the parties agree on all terms of the divorce and the defendant does not contest the complaint of divorce filed by the plaintiff.
Grounds for Uncontested Divorce
The plaintiff can file a complaint of divorce and serve papers to the defendant, if both have lived separate and apart for a period of one year. Either of the parties is required to have lived in North Carolina for a period of six months prior to the date of filing the complaint for establishing North Carolina jurisdiction.
Is Uncontested Divorce Easier?
Any divorce is an emotionally unpleasant experience. But an uncontested divorce may be considered to be less traumatic as the spouses agree on all major issues. An uncontested divorce proceeds towards the finalization at a faster pace and is less expensive than a contested divorce.
Points to Consider in Uncontested Divorce
In an uncontested divorce case, the court will not address issues of alimony or spousal support and property division. These matters are separately determined and agreed to through a legal separation agreement prior to filing for divorce. Once the divorce is decreed final and these issues have not been addressed, the defendant cannot claim these rights back.
If there is an issue of fault or marital misconduct that may affect the terms of child support and spousal support, an uncontested divorce is not the ideal way forward as these allegations are not considered by the court in an uncontested divorce case. Your attorney can best guide you in these matters.
We at McIlveen Law Firm have assisted numerous clients through their uncontested divorce proceedings. We can help you file the complaint for divorce and serve the papers to your spouse. We will also advice you on how to respond to divorce summons if you do not wish to contest the terms contained therein.
We will advice you on various aspects of the legal separation agreement so that you do not lose any of your important legal rights and make sure that the terms of such an agreement are beneficial to you.