Do both of us need separate attorneys for an uncontested divorce, or can one attorney prepare the paperwork for both of us? – North Carolina

Short Answer

In North Carolina, one attorney generally cannot represent both spouses in an uncontested divorce because the spouses are on opposite sides of the case, which creates a conflict of interest. However, one spouse can hire an attorney to prepare and file the divorce paperwork, while the other spouse stays unrepresented and signs only what the law requires (such as accepting service). When the spouses also want to sign a separation agreement or resolve property, support, or custody issues, separate attorneys are often the safer approach.

Understanding the Problem

In North Carolina family law, the issue is whether one lawyer can handle an “uncontested” absolute divorce for both spouses, or whether each spouse must have separate counsel. The key decision point is whether the lawyer is being asked to represent both spouses (two clients with potentially different interests) versus representing only one spouse while preparing and filing the court paperwork needed to obtain an absolute divorce after the legal separation period. Timing matters because an absolute divorce requires a one-year separation, and the case still must be filed and served properly even when everything is agreed.

Apply the Law

In North Carolina, an uncontested divorce is still a lawsuit filed by one spouse (the plaintiff) against the other spouse (the defendant). That posture usually prevents a single attorney from representing both spouses at the same time. Even when the spouses agree on ending the marriage, disagreements can arise over children, support, property, and how the divorce affects those rights. North Carolina also does not allow “divorce by consent” alone; the court requires proof of a statutory ground (most commonly one-year separation), proper pleadings, and proper service.

Key Requirements

One spouse must be the client (plaintiff): One spouse hires the lawyer, and the lawyer owes duties only to that spouse in the divorce case.
Proper statutory grounds and residency: The spouses must have lived separate and apart for at least one year, and at least one spouse must meet North Carolina’s residency requirement.
Proper filing, verification, and service: The complaint must be verified, filed in the proper forum, and served correctly (or service must be accepted) so the court can enter a divorce judgment.

What the Statutes Say

N.C. Gen. Stat. § 50-6 (Divorce after one-year separation) – Allows absolute divorce after spouses have lived separate and apart for one year and a spouse meets the six-month residency requirement.
N.C. Gen. Stat. § 50-8 (Verified complaint; venue and service requirements) – Requires a verified divorce complaint and includes rules about what must be alleged and how service/venue works in certain situations.

Analysis

Apply the Rule to the Facts: With no specific facts provided, consider two common uncontested-divorce setups. If one spouse hires a lawyer to file an absolute divorce after one-year separation, the other spouse can remain unrepresented, accept service, and choose whether to respond; the lawyer still represents only the filing spouse. If both spouses ask one lawyer to “do it for both of us,” the lawyer typically cannot do that because the spouses are opposing parties in the case and their interests can diverge, even when they agree on getting divorced.

Process & Timing

Who files: One spouse (plaintiff). Where: Clerk of Superior Court (Civil) in the appropriate North Carolina county. What: Verified Complaint for Absolute Divorce, Civil Summons, and related county-required filings. When: After the spouses have lived separate and apart for at least one year and a spouse meets the six-month residency rule.
Service step: The defendant spouse must be served under North Carolina rules, or may accept service. Uncontested cases often move faster when service is accepted promptly and paperwork is completed correctly, but timelines can vary by county.
Judgment step: The plaintiff requests entry of a divorce judgment (often by hearing or by affidavit/paper review depending on local practice). The judge signs a Judgment of Absolute Divorce, and the clerk files it.

Exceptions & Pitfalls

Conflicts of interest: Even in an uncontested divorce, spouses can have different goals about property, debts, support, children, name change, and timing. A lawyer who “represents both” can create serious conflict problems and can be forced to withdraw if a dispute arises.
Mixing divorce with a separation agreement: When spouses also want a written separation agreement (property division, support, parenting terms), relying on one lawyer to draft it for both can create later challenges about fairness, voluntariness, and whether each spouse understood the deal. Separate counsel often reduces those risks.
Thinking agreement alone is enough: North Carolina does not grant a divorce just because both spouses agree. The court still requires proper statutory grounds and proper filing and service.
Service and verification mistakes: Missing verification requirements, serving the wrong way, or filing in the wrong county can delay an otherwise uncontested case.

Conclusion

In North Carolina, one attorney generally should not represent both spouses in an uncontested divorce because the case is filed by one spouse against the other and a conflict can arise. One spouse may hire an attorney to prepare and file the paperwork, while the other spouse remains unrepresented and accepts service or responds as needed. The key threshold is living separate and apart for one year. The next step is to file a verified divorce complaint with the Clerk of Superior Court after the one-year separation is complete.

Talk to a Family Law Attorney

If an uncontested divorce is approaching and the goal is to keep the process smooth while avoiding paperwork errors and conflict issues, a family law attorney can explain what one lawyer can and cannot do, how service works, and what must be filed in the proper county. Call us today at (919) 341-7055.

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.