Deciding to end a marriage is never simple, even when both spouses are in agreement. If you and your spouse have been living separately for at least a year and see eye to eye on the key issues, an uncontested divorce may be the most peaceful and straightforward path forward. At Hefferon Law, we're here to help you understand what that process looks like — and to make sure it goes as smoothly as possible for you and your family.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all of the major issues involved in ending their marriage, including property division, debts, child custody, child support, and spousal support. Because there are no disputes for a court to resolve, the process typically moves faster and costs less than a contested divorce.
In a contested divorce, unresolved disagreements can drag a case on for months — sometimes longer — and may require multiple hearings before a judge. An uncontested divorce, by contrast, allows the judge to simply review the couple's agreement and approve the final paperwork, often without an extended hearing at all.
What Do You Need to Qualify?
To file for an uncontested divorce in North Carolina, three requirements must be met:
Residency: At least one spouse must have lived in North Carolina for a minimum of six months before filing.
Separation: Both spouses must have lived in separate residences for at least one full year. Simply occupying different areas of the same home does not count.
Full Agreement: Both spouses must be in complete agreement on all divorce-related issues — property, debts, support, and if children are involved, custody and child support. If even one issue remains unresolved, the divorce becomes contested and will need to be handled differently.
How Much Does It Cost?
The state of North Carolina charges a base filing fee of $225 for all divorces. Additional costs may arise for serving divorce papers through the sheriff or by certified mail, as well as for certified copies of final orders. Attorney fees for an uncontested divorce are typically lower than for contested cases, and many attorneys charge a flat fee since the process involves less back-and-forth.
It's worth keeping in mind that trying to handle the process on your own to save money can sometimes backfire. Errors in paperwork or agreements can lead to delays, complications, or the need to return to court — and fixing those mistakes often ends up costing more than working with an attorney from the beginning.
Do You Need an Attorney?
We always recommend it. Even when everything seems straightforward, having an attorney review your paperwork and agreement gives you an important layer of protection. The uncontested divorce process may appear simple on the surface, but small mistakes can have real consequences — particularly when it comes to property division, spousal support, or custody arrangements.
An experienced attorney can make sure your agreement is fair, legally sound, and in compliance with North Carolina law. More than that, having someone guide you through the process allows you to focus on what matters most: taking care of yourself and your family during a difficult transition.
How Does the Process Work?
The process begins when one spouse files a Complaint for Absolute Divorce in the district court of the county where either spouse resides. The other spouse must then be formally served with the divorce papers. A waiting period follows, during which the court reviews the paperwork and confirms that both parties are in full agreement. On the scheduled court date, the judge reviews the documents and, if everything is in order, signs the divorce order — typically without a lengthy hearing.
How Long Does It Take?
The timeline depends on a few factors. The one-year separation period must be completed before filing, so that requirement alone sets the earliest possible start date. Once filed, most North Carolina counties schedule hearings within 45 to 60 days, though this can vary depending on court caseloads. If the paperwork is complete and both parties remain in agreement, many couples are able to finalize their divorce within a few months of filing.
We're Here When You're Ready
Even the most amicable divorces come with stress and uncertainty. At Hefferon Law, we approach every client's situation with compassion and care, making sure you understand each step and feel supported throughout the process. You deserve to move forward with confidence — and we'd be honored to help you get there.
To schedule a consultation, call us at 704-610-4795, email us at info@hefflawpllc.com, or visit hefflawpllc.com. We're here for you.