I have recently received a lot of questions about whether I can help people with an uncontested divorce – and the simple answer is yes, I certainly can.
Just because a divorce is uncontested does not necessarily mean it will be easy or that it won’t involve all of the other issues that a normal divorce would entail. Typically, an uncontested divorce occurs where both spouses understand that it would cost them more money to litigate a divorce than either one of them wants to spend. Even though an uncontested divorce has the potential to be easier and less expensive than a regular divorce case, that doesn’t mean that the client can just come into a lawyers office, talk to the lawyer for an hour or so to tell them what happened, and them come back in a week or two to sign the “divorce papers”. Unfortunately, even where there is an uncontested divorce, the clients will have to do some homework.
Here are the 10 steps that my office requires to complete an uncontested divorce in North Carolina.
- Order a copy of my free divorce guide.
- Schedule and complete either an initial consultation with the firm. At this important meeting, we will discuss your proposed agreement, provide you with legal advice regarding your agreement and answer any questions you might have about the process.
- Be accepted as a client of the firm (including signing an employment contract and paying all required fees).
- Reach a preliminary agreement regarding your divorce with your spouse. We discuss how to go about this during the initial consultation, as well as provide you an in-depth questionnaire that you can fill-out with your spouse.
- Bring the agreement back to the Firm so that we can begin to draft a separation agreement.
- Approve the final version of the separation agreement.
- Deliver the separation agreement and all the corresponding paperwork to your spouse for them to review, sign, and return to our office.
- Wait for one year (from the date of separation) to file for an uncontested absolute divorce.
- File the appropriate complaints in family court and have a consent order entered (if applicable)
- Our law firm will conduct any post-divorce follow-up that needs to take place, while you file your paperwork in a safe place and begin to move on with your life.
Please contact Hart Family Law at (919) 460-5422 if you have any questions about this process, or to schedule your divorce consultation.