If my spouse and I agree on the main issues, can we do an uncontested divorce? – North Carolina

Short Answer

Yes. In North Carolina, an “uncontested” divorce usually means an absolute divorce based on one-year separation where the other spouse does not fight the divorce and the paperwork is handled without a trial. Even if spouses agree on property, support, and parenting, North Carolina still requires the legal grounds for divorce (most commonly one-year separation) and proper filing, service, and proof.

Understanding the Problem

In North Carolina family law, the key question is whether a spouse can file for an absolute divorce and finish the case without a contested court fight when both spouses agree on the main issues. The decision point is whether the legal requirements for an absolute divorce are met (especially the separation and residency requirements) and whether any other claims need to be filed before the divorce judgment is entered.

Apply the Law

North Carolina is often described as a “no-fault” state for most divorces because the most common path to an absolute divorce does not require proving wrongdoing. The usual ground is that the spouses have lived separate and apart for at least one year, and at least one spouse has lived in North Carolina for at least six months before filing. An uncontested divorce still requires a verified complaint, proper service on the other spouse, and enough evidence for the court to enter a divorce judgment.

Key Requirements

  • One-year separation: The spouses must have lived separate and apart for at least one year before filing, with at least one spouse intending the separation to be permanent.
  • Six-month residency: At least one spouse must have lived in North Carolina for at least six months immediately before the divorce is filed.
  • Proper filing and service (plus protecting other claims): The divorce complaint must be verified when filed, the other spouse must be properly served, and any claims like equitable distribution or support generally must be asserted before the divorce is granted if those rights need to be preserved.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to retain a divorce lawyer and pursue a divorce that stays uncontested. If the spouses have already lived separate and apart for at least one year and at least one spouse has lived in North Carolina for at least six months, an uncontested absolute divorce is usually possible as long as the case is filed correctly, served correctly, and supported with the required proof. Before pushing the divorce to judgment, it is also important to decide whether to file (or preserve) claims like equitable distribution or support so those rights are not unintentionally waived.

Neutral examples: If the spouses agree on everything but have only been separated for eight months, the court generally cannot grant an absolute divorce yet under the one-year separation rule. If the spouses have been separated for more than a year but one spouse wants property division later, that spouse generally needs to assert equitable distribution before the divorce judgment is entered to avoid losing that claim.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (typically filed with the Clerk of Superior Court in the county where the case is filed). What: A verified Complaint for Absolute Divorce and a civil summons; service documents; and commonly a Servicemembers Civil Relief Act affidavit before judgment. When: After the one-year separation is complete and the six-month residency requirement is met.
  2. Service and waiting period: The other spouse must be properly served (or accept service). Many uncontested cases move forward after the service period and required notices are satisfied; local scheduling practices vary by county.
  3. Judgment: The court enters a Divorce Judgment after reviewing the file and the required proof (often through a brief hearing or a summary-judgment process, depending on county practice and the judge’s preferences).

Exceptions & Pitfalls

  • Still living together: A couple can agree they are “separated,” but if they continue living in the same home, that usually does not count as living separate and apart for the one-year separation ground.
  • Paperwork problems: North Carolina requires a verified divorce complaint when it is filed. Filing first and trying to “fix” verification later can create avoidable dismissal or delay issues.
  • Accidentally waiving financial claims: Even in an uncontested divorce, entering the divorce judgment can cut off certain rights if claims (like equitable distribution) were not asserted in time.
  • Service issues: Improper service can delay the case or create problems with the validity of the judgment, especially if the other spouse later challenges what happened.

Conclusion

Yes—if spouses agree on the main issues, an uncontested absolute divorce is often possible in North Carolina, but the legal requirements still control. The most common route requires living separate and apart for at least one year and having at least one spouse meet the six-month North Carolina residency requirement. A verified complaint must be filed and the other spouse must be properly served. As a next step, file a verified Complaint for Absolute Divorce in the proper county after the one-year separation is complete.

Talk to a Family Law Attorney

If an uncontested divorce is the goal, a lawyer can help confirm the separation and residency requirements, prepare the verified filing, handle service, and make sure important claims are not waived before the divorce is entered. Call us today at 919-341-7055. For more background, see how long spouses must be separated before filing for divorce and how to get a simple divorce when spouses agree.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.