Uncontested Divorce in North Carolina | What To Expect

 

WHAT TO EXPECT DURING THE UNCONTESTED DIVORCE PROCESS – 5 SIMPLE STEPS:

While the paperwork, the forms and the ‘what to do I do with them?’ aspects of an Uncontested Divorce can be complicated – the process for getting an Uncontested Divorce is fairly simple.  This process normally takes around 45 to 60 days to complete.  However, if your spouse is cooperative, it can be done quicker!

First, we will draft a Divorce Complaint based on the information you supplied to us in our Divorce Interview Form or you can use our Printable Divorce Form.  You will review and sign the Divorce Complaint or the Printable Divorce Form in front of a notary and return it to us by mail.  We will then file the signed and notarized Divorce Complaint with the Court.  At this stage your involvement is done – we will handle everything else!

Second, a copy of the Divorce Complaint is then served on your spouse.  This is normally done by certified mail however, it can be served by the Sheriff’s Department or if you do not know where your spouse is, by Legal Publication in a newspaper where you last knew your spouse to reside.

Third, after your spouse has been properly served with the Divorce Complaint, they will have 30 days to respond to it.  This 30 days can be waived if your spouse is willing to sign an optional Waiver and your divorce completed much quicker (30 to 45 days) – there is an additional $100 fee for the optional expedited service.

Fourth, after the 30 days has expired (or sooner if you and your spouse opted for the expedited service) a Motion will be filed and a Court date set to have your Divorce Judgment entered.

Fifth, we will appear at your Court date (you and your spouse are NOT required to appear in Court unless you want to) and we will present your divorce to a Judge to have the Divorce Judgment entered.  We will then send you and your former spouse a certified copy and your divorce will be complete.