Jan82026
Family Law Q&A Series

What documents do we need to file for an uncontested divorce? – North Carolina

Short Answer

In North Carolina, an uncontested “simple” divorce (absolute divorce) usually starts with a verified Complaint for Absolute Divorce and a Civil Summons filed with the Clerk of Superior Court, followed by proper service on the other spouse. After the waiting period and once service is complete, the filing spouse typically submits a request to have the divorce granted (often by summary judgment) along with a proposed Judgment of Absolute Divorce. The exact packet can vary by county and by whether any other claims (like equitable distribution or support) must be filed before the divorce is entered.

Understanding the Problem

What documents must be filed to obtain an uncontested absolute divorce in North Carolina when one spouse wants a lawyer to prepare the paperwork for a straightforward case? The decision point is which core court filings are required to (1) start the divorce case, (2) prove proper service, and (3) submit the final paperwork the judge needs to enter the divorce judgment.

Apply the Law

In North Carolina, an uncontested divorce is usually an “absolute divorce” based on one-year separation. The case is filed in the county where venue is proper and proceeds through the Clerk of Superior Court for filing and then to a judge for entry of the divorce judgment. North Carolina requires a verified divorce complaint, and the complaint must include certain basic information (including whether there are minor children of the marriage). A critical planning point is that some financial claims can be lost if they are not asserted before the divorce judgment is entered.

Key Requirements

  • Verified divorce pleading: The divorce starts with a complaint that is signed and verified (sworn) and includes required allegations such as residency, the separation basis, and whether there are minor children.
  • Proper service paperwork: The other spouse must be served (or must accept service) and the court file must include proof of service before the divorce can move forward.
  • Final submission documents: To finish an uncontested case, the filing spouse typically submits a motion/request to have the divorce granted (often by summary judgment) and a proposed Judgment of Absolute Divorce for the judge to sign.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the goal is a simple, uncontested divorce, the core documents are the verified divorce complaint and summons to open the case, followed by proof that the spouse was properly served. After service is complete and the case is ready to be decided without a trial, the usual finishing documents include a motion/request for the court to grant the divorce and a proposed Judgment of Absolute Divorce. Before finalizing, it is important to confirm whether any claims (especially equitable distribution) should be filed before the divorce judgment is entered so those rights are not unintentionally lost.

Process & Timing

  1. Who files: One spouse (the plaintiff). Where: The Clerk of Superior Court in the proper North Carolina county. What: Typically a verified Complaint for Absolute Divorce and a Civil Summons, plus any local cover sheets required by that county. When: After the one-year separation requirement is met for a divorce under the one-year separation ground.
  2. Service step: The plaintiff arranges service on the other spouse (the defendant) and files proof of service (or an acceptance of service) in the court file. The case generally cannot be finalized until service is complete and any required waiting period after service has run.
  3. Finish the case: In many uncontested cases, the plaintiff submits a Motion for Summary Judgment (or other county-approved request to have the divorce granted without a live trial), a Notice of Hearing (if required by local practice), and a proposed Judgment of Absolute Divorce for the judge to sign.

Exceptions & Pitfalls

  • Unintentionally waiving property rights: In North Carolina, an absolute divorce can destroy the right to equitable distribution unless it is asserted before the divorce judgment (with limited exceptions). This is a common “simple divorce” pitfall when spouses assume property issues can be handled later.
  • Service problems: Incorrect service, missing proof of service, or serving the wrong address can delay an otherwise uncontested divorce. Counties may also have local expectations about how service documents are presented in the final packet.
  • Complaint content errors: The complaint must be verified and must include required information (including minor children details or a statement that there are none). Missing required allegations can lead to rejection by the clerk or delay at the judge-review stage.

Conclusion

In North Carolina, an uncontested divorce typically requires filing a verified Complaint for Absolute Divorce and a Civil Summons with the Clerk of Superior Court, completing proper service on the other spouse, and then submitting the final packet (often a motion/request to grant the divorce and a proposed Judgment of Absolute Divorce) for the judge’s signature. The most important planning step is to assert any equitable distribution claim before the divorce judgment is entered, because the right can be lost if it is not filed in time.

Talk to a Family Law Attorney

If a simple North Carolina divorce is the goal, having a lawyer draft the filing and final-judgment packet can help avoid delays, service problems, and accidental waiver of important claims. If you’re dealing with an uncontested divorce and want the paperwork prepared correctly, our firm has experienced attorneys who can help you understand your options and timelines. 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.

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.