No Contest Divorces
Charlotte No Contest Divorce Attorney
An uncontested divorce is a divorce where the parties have agreed to all of potential issues and have entered into a marital settlement agreement. It is good practice for the parties to file this agreement with the court and have it incorporated into the final judgment of divorce, although this does not always happen. Uncontested divorces are more common where the parties have little in the form of assets or property, no children, and spousal support is not an issue.
What is a Simple No Contest Divorce – If you have lived apart from your spouse for one year or more, can provide the address of your spouse and all matters of child support, custody, property and debt division and spousal support have been resolved or do not to be resolved in the divorce, then you probably have a simple no contest divorce. Matters of custody, support, property and alimony, if they must be resolved in court, they probably should be handled in the county in which you or the children live. The divorce may be entered in any county.
Separation – you must live apart for at least one full year. Living in separate bedrooms or absence of sexual relations is not legal separation. The documents cannot be signed and the divorce cannot be filed before one year and one day of separation. Isolated incidents of sexual relations while separated do not affect the date of separation. Resumption of marital relations changes the separation date. Resumption of marital relations usually would involve moving back into the same home and residing together.
What about property that we own together? – If you have accumulated property and debts during the marriage, you must have a conversation about how the property will be divided. Once you and your spouse are in agreement in how you will divide your property then is can be documented in a Separation Agreement. If you are unable to agree then you will need to negotiate through your attorneys or perhaps take it to court. When you resolve these matters in court, expense can become a very real consideration.
Do I need papers that show that we have been separated? – You do not need to file any documents that show you have been separated. You will assert under oath that you have been separated for the specified period of time when you sign the divorce documents.
Can my spouse stop the divorce? – If you meet the legal requirements (resident of NC and separation of one year and a day) and your legal papers have been correctly processed, you will be able to get your divorce.
I don’t know where my spouse is – The divorce may be done by publication if after proving to the court that a diligent search for your spouse has been conducted and you are not able to find your spouse.
Do I have to go to the lawyer’s office – No. We attempt to take care of all matters by phone and mail.
Do we have to go to court? – No, a judge will sign the divorce judgment after reviewing the legal filings if everything has been processed correctly.
Can I get an annulment? – The grounds for annulment are: Impotence of either party at the time of marriage or being married to another living spouse when you were married to your current spouse. Annulments are not granted based on the short length of time that you are married.
My husband and I have been separated for over a year and have agreed on all financial issues and the children. Can we file for divorce together? No, one of you must file the complaint as the Plaintiff.
What about the children? – For co-parenting, discuss with your spouse and decide how to co-parent the children and provide two homes. Child support and custody may be decided through mutual agreement and documented with the Separation Agreement or it can be determined by court order.
We were married in a foreign country, and later moved to NC. Can we get a divorce in North Carolina? Yes, you can get a divorce in NC.
