In North Carolina, an uncontested divorce is a straightforward process that allows couples who agree on all major issues, such as property division, spousal support, and child custody, to dissolve their marriage without going through a lengthy and contentious court battle. 

However, even though it’s simpler than a contested divorce, there are still specific legal steps that must be followed to ensure the divorce is finalized according to state law. 

Understanding the process and how long it takes can help you prepare for this transition and ensure everything goes smoothly.

Step 1: Meet the Separation Requirement

The first and most important requirement for any divorce in North Carolina, including an uncontested divorce, is that you and your spouse must live “separate and apart” for at least one continuous year before filing for divorce. This means you must live in different residences with the intent that the separation is permanent. 

North Carolina does not recognize legal separation as a court order, but both spouses must have the intent to remain apart permanently during the entire year-long separation period. During this time, you can begin to negotiate the terms of your divorce, but you cannot file for divorce until the full year has passed.

Key points about the separation requirement:

• Living separately: You and your spouse must reside in separate homes for one full year. Living in different parts of the same house does not meet the legal definition of separation.
• Intent to remain apart: One or both spouses must have the intent that the separation is permanent. This intent must be maintained throughout the entire separation period.
• Reconciliation restarts the clock: If you and your spouse reconcile, even briefly, and resume living together, the one-year separation period will restart. Any reconciliation must be considered when calculating the separation timeline.

Step 2: Filing for Divorce After the Separation Period

Once the one-year separation period is complete, you can file for an uncontested divorce. This involves submitting specific legal documents to the court, including the Complaint for Divorce. 

This document outlines the terms of the divorce and the legal reasons for the dissolution of the marriage. North Carolina is a no-fault divorce state, meaning you do not need to prove that one spouse did something wrong to cause the divorce. 

The only legal requirement is that you have lived separate and apart for one year.

Step 3: Reaching an Agreement on Key Issues

An uncontested divorce means that you and your spouse agree on all the major terms of the divorce. This includes:

• Property division: You and your spouse must agree on how to divide marital property, including real estate, personal belongings, bank accounts, retirement accounts, and other assets.
• Spousal support (alimony): If one spouse requires financial support after the divorce, you must agree on the amount and duration of spousal support.
• Child custody and visitation: If you have children, you must create a custody and visitation plan that works for both parents and serves the best interests of the child.
• Child support: You must agree on the amount of child support to be paid, based on North Carolina’s child support guidelines.

If you and your spouse agree on all these issues, your attorney will help you draft a separation agreement, which outlines the terms of your divorce. This agreement is legally binding and ensures that both parties understand their rights and responsibilities after the divorce.

Step 4: Filing the Divorce Complaint and Other Necessary Forms

Once the agreement is in place, you will need to file several documents with the court to officially start the divorce process. These documents include:

• Complaint for Divorce: This document officially requests the divorce and explains that the one-year separation requirement has been met.
• Summons: The Summons informs your spouse that you are filing for divorce, even if they agree with it. This document must be served to your spouse, either through a process server or certified mail.
• Verification of Complaint: This is a sworn statement verifying that the information in your divorce Complaint is true and correct.
• Affidavit of Service: Once your spouse has been served with the Summons, you will need to file an Affidavit of Service, which shows proof that your spouse received notice of the divorce filing.

Step 5: Waiting for the Divorce to be Finalized

After the paperwork has been filed and your spouse has been served, there is a waiting period before the court can finalize the divorce. This waiting period is typically 30 to 60 days, during which time the court will review the paperwork to ensure that everything is in order.

If everything is correct, and your spouse does not contest any part of the divorce, the judge will issue a Judgment of Absolute Divorce. This document officially ends the marriage. In most uncontested divorce cases, there is no need to appear in court. The divorce can be finalized without a hearing if the paperwork is complete and both parties agree to the terms.

How Long Does an Uncontested Divorce Take?

The uncontested divorce process in North Carolina typically takes about 45 to 90 days from the time you file the Complaint to when the divorce is finalized. This timeline can vary depending on the court’s schedule and how quickly your paperwork is processed.

However, because both parties agree on the terms of the divorce, there is no need for lengthy court battles, which significantly speeds up the process compared to a contested divorce.

Factors that can affect the timeline include:

• Court processing times: The time it takes for the court to process and review the paperwork can vary depending on the county’s schedule.
• Serving the Summons: Your spouse must be properly served with the divorce papers. If there are delays in serving the Summons, it could extend the timeline.
• Final approval by the court: After the waiting period, the judge will review the divorce agreement and issue a final divorce decree. This process can take additional time, depending on the court’s availability.

How Devan & Null Can Help You Through the Uncontested Divorce Process

At Devan & Null PLLC, we are here to guide you through every step of the uncontested divorce process. 

With over 30 years of experience in North Carolina family law, Attorney Laura Devan understands the legal requirements and can ensure that your divorce is handled smoothly and efficiently. 

We assist you with drafting and filing the necessary paperwork, creating a fair divorce agreement, and finalizing the process so you can move forward with your life.

Our services include:

• Helping you understand the legal requirements: We explain North Carolina’s separation and divorce laws, ensuring that you meet the requirements for an uncontested divorce.
• Drafting a comprehensive separation agreement: We work with you and your spouse to create a separation agreement that covers property division, spousal support, child custody, and other important issues.
• Handling all court filings: We file the Complaint for Divorce, serve the Summons, and submit all necessary documents to the court on your behalf.
• Finalizing the divorce: We ensure that your divorce is finalized quickly and efficiently, helping you move forward with confidence.

If you are ready to begin the uncontested divorce process, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We are here to guide you through the process and ensure that your divorce is handled with care and expertise.

In North Carolina, an uncontested divorce occurs when both spouses agree on all the major terms of their separation. This includes property division, spousal support, child custody, visitation, and child support. 

While an uncontested divorce can save time, money, and emotional strain, it requires both parties to reach a mutual agreement on key issues. 

By understanding what’s required and working together, you and your spouse can ensure that your uncontested divorce proceeds smoothly without the need for contentious court battles.

Key Areas of Agreement for an Uncontested Divorce

To qualify for an uncontested divorce in North Carolina, you and your spouse must agree on all major aspects of your divorce. These include:

• Property division: How will you divide your marital assets, including real estate, vehicles, bank accounts, and other personal property? You’ll also need to address how any debts accumulated during the marriage will be handled.
• Spousal support (alimony): Will one spouse provide financial support to the other after the divorce? If so, how much and for how long? This must be agreed upon by both parties.
• Child custody and visitation: If you have children, you must decide on a custody arrangement that works for both parents and serves the best interests of the child. This includes deciding where the child will live and how visitation will be structured.
• Child support: You will need to agree on the amount of child support to be paid, based on North Carolina’s child support guidelines, which consider both parents’ income and the needs of the child.

It’s essential to reach a mutual understanding on these issues before filing for divorce, as any unresolved disputes could turn your uncontested divorce into a contested one, requiring court intervention. Working with an experienced attorney can help ensure that all these details are covered and that the agreement is legally sound.

Steps to Reaching an Agreement

Reaching an agreement on all the necessary terms can seem overwhelming, but with clear communication and a willingness to compromise, it is possible to achieve a fair settlement. 

Here’s how you and your spouse can work together to ensure that your uncontested divorce moves forward without conflict.

1. Open Communication and Cooperation

The key to an uncontested divorce is open communication and cooperation between you and your spouse. By approaching the process with a willingness to listen and compromise, you can avoid unnecessary conflict and work toward a mutually beneficial agreement.

• Set clear goals: Before discussing the terms of your divorce, both you and your spouse should consider what is most important to each of you. This could be related to financial security, maintaining a strong relationship with your children, or ensuring that both parties have enough resources to move forward independently.
• Respect each other’s needs: While emotions may run high during the divorce process, it’s essential to approach discussions with respect for your spouse’s needs and concerns. Working together to find common ground will make it easier to resolve disagreements and reach an agreement that works for both of you.
• Keep the focus on the future: An uncontested divorce is about finding solutions that allow both parties to move forward, not revisiting past conflicts. Keeping the focus on your future goals and the well-being of your children can help keep negotiations productive.

2. Draft a Separation Agreement

A separation agreement is a legally binding contract that outlines the terms of your divorce, including property division, spousal support, and child custody. In North Carolina, you and your spouse can negotiate this agreement during your separation period, ensuring that all key issues are addressed before you file for an uncontested divorce.

Key elements to include in your separation agreement:

• Property division: You’ll need to divide all marital assets, which include any property acquired during the marriage. This can include your home, vehicles, bank accounts, retirement accounts, and personal belongings. You’ll also need to determine how any debts, such as credit card debt or mortgages, will be handled. In North Carolina, property division follows the principle of equitable distribution, meaning the court aims to divide property fairly, though not necessarily equally. If you can agree on how to divide your property, you can avoid leaving this decision to the court.
• Spousal support (alimony): If one spouse will require financial support after the divorce, you’ll need to agree on the amount and duration of spousal support. Factors such as each spouse’s income, earning potential, and financial needs will be considered. In some cases, spousal support may be waived if both parties agree that it is not necessary.
• Child custody and visitation: If you have children, you’ll need to create a detailed custody arrangement. This includes deciding where the children will live (physical custody) and how decisions about their upbringing will be made (legal custody). You’ll also need to agree on a visitation schedule that allows the non-custodial parent to maintain a meaningful relationship with the children.
• Child support: Child support is typically calculated based on North Carolina’s child support guidelines, which take into account both parents’ income, the needs of the child, and the amount of time each parent spends with the child. You and your spouse can agree on an amount, but the court will review the agreement to ensure it meets the guidelines and serves the child’s best interests.

A well-drafted separation agreement can help ensure that your uncontested divorce proceeds smoothly. It provides clarity and structure to the divorce process and reduces the likelihood of future disputes.

3. Use Mediation if Necessary

If you and your spouse are struggling to agree on certain issues, mediation can be a helpful tool. Mediation involves a neutral third party, known as a mediator, who helps both parties negotiate and reach an agreement. Mediation is less adversarial than going to court and can help you resolve disagreements while keeping the divorce uncontested.

Benefits of mediation include:

• Confidentiality: Mediation is private, so you and your spouse can discuss sensitive issues without the pressure of a public court setting.
• Cost savings: Mediation is generally less expensive than a contested divorce, as it avoids the need for lengthy court hearings.
• Faster resolution: Mediation can help you reach an agreement more quickly than going through the traditional court process, allowing you to finalize your uncontested divorce sooner.

4. Work With an Experienced Attorney

While an uncontested divorce is simpler than a contested one, it’s still important to work with an experienced family law attorney. Your attorney can help ensure that the separation agreement is fair, legally enforceable, and covers all necessary details. 

Additionally, they can guide you through the legal process, ensuring that all paperwork is filed correctly and that you meet North Carolina’s legal requirements for divorce.

An attorney can also help you:

• Review and negotiate the terms of the agreement: Before signing a separation agreement, your attorney will review it to ensure that it protects your rights and interests. If any terms seem unfair or unclear, they can help negotiate adjustments with your spouse’s attorney.
• File the necessary paperwork: Your attorney will handle the legal filings, including the Complaint for Divorce, ensuring that all documents are submitted correctly and on time.
• Answer legal questions: If any legal issues arise during the divorce process, your attorney will provide advice and guidance to help you make informed decisions.

5. Submit the Agreement to the Court

Once you and your spouse have reached an agreement on all the necessary terms, you can submit the separation agreement to the court as part of your divorce filing. In an uncontested divorce, the judge’s role is primarily to review the agreement and ensure that it complies with North Carolina law.

If everything is in order, the judge will issue a final divorce decree, officially ending the marriage. In most uncontested divorce cases, there is no need for a court hearing, and the process can be completed quickly and efficiently.

How Devan & Null Can Help You Reach an Agreement

At Devan & Null PLLC, we are committed to helping you and your spouse reach an amicable agreement that meets the legal requirements for an uncontested divorce in North Carolina. 

With over 30 years of experience in family law, Attorney Laura Devan will guide you through the process of creating a fair and enforceable separation agreement that protects your rights and allows both parties to move forward with confidence.

Our services include:

• Assistance in drafting a comprehensive separation agreement that addresses all key issues, including property division, spousal support, and child custody.
• Facilitation of negotiations between you and your spouse to help you reach a fair settlement and avoid the need for court intervention.
• Ensuring that all legal requirements are met so that your uncontested divorce is finalized quickly and efficiently.

If you and your spouse are ready to move forward with an uncontested divorce, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We’re here to guide you through the process and help you achieve a smooth, conflict-free divorce.

In North Carolina, the process of getting an uncontested divorce is generally more streamlined and less stressful than a contested divorce. One of the primary benefits of an uncontested divorce is that it often avoids the need for a lengthy court battle. 

However, even in an uncontested divorce, certain legal steps must be followed, and whether you need to appear in court depends on the specifics of your case.

For many people, the thought of going to court can be intimidating, but the good news is that, in most uncontested divorce cases, you may not need to attend a formal court hearing. Let’s break down how the process works and when, if ever, a court appearance might be required.

Understanding the Process of Uncontested Divorce in North Carolina

An uncontested divorce in North Carolina occurs when both spouses agree on all major issues, such as property division, spousal support, child custody, and child support, without the need for a judge to intervene and make decisions on their behalf. 

The process involves meeting specific legal requirements, filing necessary paperwork, and obtaining a divorce decree from the court.

Here’s a step-by-step overview of how the uncontested divorce process typically works in North Carolina:

1. Separation Requirement: Before you can file for divorce in North Carolina, you and your spouse must have lived separate and apart for at least one continuous year. During this time, both parties must have the intention to remain separated. This separation is a legal requirement, and living in separate rooms within the same home does not meet the standard for a valid separation.
2. Filing the Divorce Complaint: After the one-year separation period has passed, the spouse seeking the divorce (the plaintiff) can file a Complaint for Divorce with the court. This document formally requests that the court grant a divorce based on the separation. North Carolina is a no-fault divorce state, meaning you do not need to prove any wrongdoing or fault (such as adultery) to file for divorce. Simply meeting the separation requirement is enough to file.
3. Serving the Divorce Complaint: Once the divorce complaint is filed, the other spouse (the defendant) must be served with a copy of the complaint and a summons. This can be done through certified mail, a sheriff, or a private process server. The defendant must acknowledge receipt of the complaint. In uncontested divorces, both parties usually cooperate, so serving the complaint is often straightforward.
4. Filing a Response (Answer): After being served, the defendant can choose to file an Answer, agreeing to the terms of the divorce or waiving the right to file a response. In uncontested divorces, the defendant typically does not contest the terms, meaning there is no dispute for the court to resolve.
5. Drafting a Separation Agreement: In cases where both parties agree on how to divide property, handle spousal support, and manage child custody, they often create a separation agreement. This is a legally binding contract that outlines the terms of the divorce, including how assets will be divided, how much (if any) spousal support will be paid, and how custody of any children will be shared.

Is a Court Hearing Required for an Uncontested Divorce?

In many uncontested divorce cases, a formal court hearing may not be necessary. North Carolina courts have streamlined the process for uncontested divorces to minimize the need for in-person hearings, especially when both parties agree on the terms and the paperwork is properly completed.

Here’s how the process typically works without requiring a court appearance:

• Summary Judgment: In North Carolina, uncontested divorces are often handled through a process called “summary judgment.” This allows the judge to review the divorce paperwork, including the Complaint, Answer (if any), and separation agreement, without requiring both parties to appear in court. The judge can issue a divorce decree based on the documents alone, provided that everything is in order and both parties agree on the terms.
• Finalizing the Divorce: If there are no disputes and all the paperwork is correctly filed, the judge will issue a Judgment of Absolute Divorce. This is the document that officially ends the marriage. In most cases, you will receive the judgment through mail, and you won’t need to attend a hearing or appear in court.

When Might a Court Hearing Be Required?

While many uncontested divorces are finalized without the need for a court hearing, there are some circumstances where you may need to appear in court, even if the divorce is uncontested. These situations include:

1. Errors or Discrepancies in Paperwork: If there are mistakes or discrepancies in the paperwork, the court may request clarification before granting the divorce. In some cases, this may require one or both parties to attend a brief court hearing to address the issue. Common mistakes include incorrect dates, missing signatures, or incomplete information about property division.
2. Failure to Serve the Complaint: If there is difficulty in serving the divorce complaint to the other spouse, a court appearance may be required to resolve the issue. However, in most uncontested cases, the defendant willingly accepts service, so this is rarely a problem.
3. Issues with Child Custody or Support: While uncontested divorces involve mutual agreement on all major issues, the court still has a responsibility to ensure that any agreements regarding child custody and support are in the best interests of the child. If there is any question about the fairness of the custody arrangement or the adequacy of child support, the court may hold a hearing to review the terms.
4. Judicial Review of Agreements: In some cases, particularly when it comes to spousal support or complex property division, the judge may want to ensure that both parties fully understand the agreement and that no one is being unfairly disadvantaged. This could result in a brief court appearance to finalize the divorce.

What Happens at a Court Hearing?

If a court hearing is required, it is generally brief and straightforward for uncontested divorces. The hearing is typically held in front of a family court judge, who will review the documents and ask a few questions to confirm that both parties agree to the terms of the divorce. The hearing usually lasts no more than a few minutes, and you won’t need to testify extensively or provide evidence.

At the hearing, the judge will ask questions such as:

• Have you and your spouse lived separate and apart for the required one-year period?
• Do both parties agree to the terms of the divorce, including property division, spousal support, and child custody (if applicable)?
• Is there any reason why the divorce should not be granted?

If both parties answer these questions satisfactorily, the judge will issue the Judgment of Absolute Divorce, finalizing the divorce.

Benefits of Avoiding a Court Hearing

For most people going through an uncontested divorce, avoiding a court hearing offers several benefits:

• Less Stress: Not having to appear in court can reduce stress and anxiety, making the process less emotionally taxing for both parties.
• Faster Resolution: Since there’s no need to wait for a court date or hearing, the divorce can be finalized more quickly, allowing both parties to move on with their lives sooner.
• Lower Costs: Court appearances can increase legal fees, so avoiding a hearing can save you money in attorney costs and court fees.

How Devan & Null Can Help You Navigate the Uncontested Divorce Process

At Devan & Null PLLC, we are committed to helping you navigate the uncontested divorce process with ease. With over 30 years of experience in North Carolina family law, Attorney Laura Devan will guide you through every step of the process, ensuring that your divorce is handled smoothly and efficiently.

We work with you to:

• Prepare and file all necessary paperwork: We ensure that your Complaint for Divorce and supporting documents are filed correctly and on time.
• Help you avoid common mistakes: By carefully reviewing all documents, we help you avoid errors that could delay your divorce or require a court appearance.
• Guide you through the court process if necessary: If a hearing is required, we represent you in court and ensure that the process is as stress-free as possible.

If you’re considering an uncontested divorce and want to know more about whether a court appearance is necessary, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We’re here to help you every step of the way.

Choosing between an uncontested and contested divorce is an important decision that can have a significant impact on your divorce experience, both emotionally and financially. In North Carolina, an uncontested divorce offers many benefits that can save you time, reduce stress, and significantly lower the cost of ending your marriage. 

Understanding these advantages and how much money you can save can help you determine if an uncontested divorce is the right option for your situation.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to their divorce, such as property division, spousal support, child custody, and child support. Since there are no disputes for the court to resolve, the divorce process is much simpler and faster than a contested divorce, which involves more legal proceedings, negotiations, and often court hearings.

What Is a Contested Divorce?

A contested divorce, on the other hand, happens when the spouses cannot agree on one or more major issues. This type of divorce typically involves more formal legal action, including court hearings, mediation, or even a trial. 

Contested divorces can be much more complex, as both parties must present evidence and arguments to support their claims, and the court must ultimately decide how the issues will be resolved.

Now that we’ve established the differences between these two types of divorce, let’s explore the benefits of choosing an uncontested divorce in North Carolina.

1. Lower Legal Costs and Court Fees

One of the most significant benefits of an uncontested divorce is the reduced cost. 

Contested divorces can become very expensive due to the need for extended legal services, including court appearances, discovery (the process of gathering evidence), and possibly a trial. 

An uncontested divorce avoids many of these costly steps, making it a much more affordable option.

Here’s how you can save money with an uncontested divorce:

• Lower attorney fees: In an uncontested divorce, because both parties agree on the terms, the amount of time your attorney spends working on your case is significantly reduced. Without the need for extended negotiations, court filings, and hearings, your legal fees will be much lower than in a contested divorce. Attorneys typically charge by the hour, so the more time spent resolving disputes, the higher the fees. An uncontested divorce could save you thousands of dollars in attorney fees compared to a contested divorce.
• Minimal court costs: In a contested divorce, there are often multiple court hearings and possibly a trial, which can result in higher court costs. In an uncontested divorce, the court’s involvement is limited to reviewing the paperwork and issuing a divorce decree, which keeps court costs to a minimum. While you’ll still need to pay for filing fees (which are standard for any divorce), the overall court costs are significantly reduced in an uncontested case.
• Avoiding expert fees: Contested divorces sometimes require expert witnesses, such as financial analysts or child psychologists, to testify about property values, spousal support, or custody arrangements. These experts can charge high fees for their services. In an uncontested divorce, since both parties agree on the terms, there is no need for expert witnesses, further reducing the overall cost.

2. Faster Divorce Process

One of the key benefits of an uncontested divorce in North Carolina is that it generally moves through the legal system much faster than a contested divorce. Because there are no disputes for the court to resolve, the process is streamlined, allowing you to finalize the divorce in a relatively short period of time.

In an uncontested divorce:

• Simplified paperwork: Once you and your spouse agree on the terms of the divorce, the process is largely administrative. You’ll need to file the necessary legal documents, including the Complaint for Divorce, and submit your separation agreement, which outlines how property, support, and custody issues are handled. If everything is in order, the court can approve the divorce without the need for a lengthy hearing or trial.
• Minimal court involvement: In most uncontested divorces, you won’t need to appear in court. The judge can review the documents and issue a final divorce decree without requiring you to attend a hearing. This saves time and reduces the emotional strain of going through a court proceeding.
• No drawn-out litigation: Contested divorces can drag on for months or even years, as both parties negotiate terms, attend court hearings, and wait for the court’s decisions. An uncontested divorce, by contrast, typically takes around 45 to 90 days from the time the paperwork is filed to when the divorce is finalized, assuming all requirements (such as the one-year separation period) have been met.

3. Less Emotional Stress

Divorce is an emotional process, but a contested divorce can make it even more stressful due to the conflict and tension that often accompany disputes over property, support, or child custody. By choosing an uncontested divorce, you and your spouse can minimize the emotional toll and work together to reach a mutually beneficial agreement.

Here’s how an uncontested divorce reduces emotional stress:

• Collaborative approach: In an uncontested divorce, both parties are working toward the same goal—reaching an agreement that allows them to move forward with their lives. This reduces the adversarial nature of the process and fosters cooperation, making the experience less contentious.
• Avoiding court confrontations: One of the most stressful aspects of a contested divorce is the prospect of having to present your case in court. Court hearings and trials can be emotionally draining, as both parties are forced to relive the breakdown of the marriage in front of a judge. An uncontested divorce avoids these confrontations, making the process more peaceful.
• Focus on the future: Because an uncontested divorce emphasizes cooperation and resolution, it allows both parties to focus on their future rather than dwell on past conflicts. This can lead to a healthier emotional outcome for both spouses and their children.

4. More Control Over the Outcome

In a contested divorce, the court is responsible for making key decisions about property division, spousal support, and child custody. While the court strives to make decisions that are fair and in the best interests of the children, leaving these important matters in the hands of a judge means that neither party has complete control over the outcome.

In an uncontested divorce:

• You and your spouse make the decisions: By agreeing on the terms of the divorce, you and your spouse maintain control over how property will be divided, how custody will be arranged, and whether spousal support will be paid. This allows both parties to craft an agreement that suits their unique circumstances and preferences.
• Tailored solutions: An uncontested divorce gives you the flexibility to create solutions that work best for your family, rather than relying on a one-size-fits-all court order. For example, you can develop a customized parenting plan that fits your work schedules, your children’s needs, and your personal goals.
• Fewer surprises: Because you and your spouse are working together to reach an agreement, there are fewer surprises in the outcome. This can lead to a smoother transition and a more predictable path forward.

5. Protecting Privacy

Divorce proceedings are public records, meaning that anyone can access information about your case, including details about your finances, property, and personal life. In a contested divorce, much of this information is presented in court, which can make the process feel invasive.

In an uncontested divorce:

• Private negotiations: Since you and your spouse are negotiating the terms of your divorce privately, there is no need to disclose sensitive personal or financial information in a public courtroom. This helps protect your privacy and ensures that your divorce remains a personal matter.
• Minimal court involvement: With less need for court hearings, there is less opportunity for private details to become part of the public record. This is particularly important for individuals who want to keep their financial or family matters confidential.

How Much Money Can You Save With an Uncontested Divorce?

While the exact amount you can save depends on the complexity of your case and the fees charged by your attorney, an uncontested divorce can save you thousands of dollars compared to a contested divorce. Here’s an example of potential savings:

• Contested divorce: Legal fees for a contested divorce can range from $10,000 to $30,000 or more, depending on the length and complexity of the case. This includes attorney fees, court costs, and fees for experts such as financial analysts or child custody evaluators.
• Uncontested divorce: Legal fees for an uncontested divorce are typically much lower, ranging from $1,500 to $5,000, depending on the complexity of the agreement and whether children or significant assets are involved. Since there is no need for extensive legal proceedings or court hearings, the overall cost is significantly reduced.

How Devan & Null Can Help You Save Time, Money, and Stress

At Devan & Null PLLC, we understand the importance of minimizing the financial and emotional burden of divorce. With over 30 years of experience in North Carolina family law, Attorney Laura Devan will guide you through the uncontested divorce process, helping you and your spouse reach a fair agreement while protecting your rights.

Our services include:

• Assistance with drafting a comprehensive separation agreement that covers all major issues, including property division, spousal support, and child custody.
• Ensuring that all legal requirements are met so that your uncontested divorce is finalized as quickly and cost-effectively as possible.
• Providing compassionate legal support to help you navigate the process with confidence and peace of mind.

If you’re considering an uncontested divorce and want to learn more about how it can save you time, money, and stress, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. Let us help you find the way to your best future.

In North Carolina, child custody and child support are two of the most critical issues that must be addressed in any divorce involving children. 

Even in an uncontested divorce, where both parties agree on most or all major aspects of their separation, you will need to reach a clear and legally binding agreement on how custody and support will be handled. 

The court’s priority in all matters involving children is ensuring that the arrangement serves the best interests of the child. When you and your spouse can work together to agree on these important issues, the process of obtaining an uncontested divorce becomes much simpler and faster. 

Let’s take a closer look at how child custody and child support are handled in an uncontested divorce in North Carolina.

Child Custody in North Carolina

North Carolina law recognizes two types of child custody: legal custody and physical custody. In an uncontested divorce, you and your spouse must agree on both aspects of custody before filing for divorce.

• Legal Custody: This refers to the right to make important decisions about the child’s upbringing, such as those related to education, healthcare, religious instruction, and extracurricular activities. Parents may share legal custody (joint legal custody) or one parent may be awarded sole legal custody. In joint legal custody, both parents must collaborate and make decisions together for their child. In sole legal custody, only one parent has the authority to make these decisions.
• Physical Custody: Physical custody refers to where the child will live on a day-to-day basis. Parents may agree on joint physical custody, where the child splits time between both parents’ homes, or one parent may have primary physical custody while the other has visitation rights. In joint physical custody, the child lives with each parent for a certain period of time, which can be divided equally or based on a schedule that works for both parents and the child. If one parent has primary physical custody, the other parent typically has a regular visitation schedule.

In North Carolina, courts prefer joint custody arrangements that allow both parents to remain actively involved in the child’s life, as long as this arrangement is in the child’s best interests. However, this doesn’t necessarily mean equal time with each parent—what matters most is the stability, well-being, and needs of the child. If both parents agree on a joint custody arrangement, the court is likely to approve it.

Creating a Custody Agreement

For an uncontested divorce, both parents must agree on a custody arrangement and include it in their separation agreement. The separation agreement is a legally binding contract that outlines the details of your custody plan and how decisions regarding the child will be made. Here are the key elements to include:

• Physical custody schedule: This specifies where the child will live and when they will spend time with each parent. You can create a schedule that divides time evenly or assigns primary custody to one parent with regular visitation for the other.
• Legal custody: You must decide whether legal custody will be shared (joint legal custody) or given to one parent (sole legal custody). If legal custody is shared, you need to outline how decisions about the child’s welfare will be made and how disputes will be resolved.
• Holiday and vacation schedules: In addition to a regular custody schedule, it’s important to establish how holidays, birthdays, school vacations, and summer break will be handled. Clear guidelines can prevent future conflicts and ensure both parents have meaningful time with the child during special occasions.
• Transportation and exchanges: Your custody agreement should specify how the child will be transported between homes, who is responsible for drop-offs and pick-ups, and where exchanges will take place. Setting clear rules for transitions helps maintain consistency and avoids misunderstandings.
• Communication: If the child spends significant time with each parent, you may want to include provisions about how and when the child can communicate with the non-custodial parent during their time with the other parent (phone calls, video chats, etc.).

In an uncontested divorce, if you and your spouse can agree on a fair and workable custody arrangement, the court is likely to approve it as long as it serves the child’s best interests.

Child Support in North Carolina

Child support is a critical part of any divorce involving children, and it’s designed to ensure that both parents meet the child’s financial needs. 

In North Carolina, child support is determined based on a specific formula that considers the income of both parents, the needs of the child, and the amount of time each parent spends with the child.

How Child Support Is Calculated

North Carolina uses the Child Support Guidelines to calculate the amount of child support that must be paid. 

The guidelines are based on the principle that both parents are responsible for supporting their child financially, and the calculation takes into account the combined income of both parents, the number of children, and other relevant factors.

The child support calculation considers:

• Each parent’s income: The court looks at both parents’ gross monthly income to determine how much each parent should contribute to the child’s financial support. This includes wages, salaries, bonuses, and self-employment income, as well as income from other sources such as rental properties or investments.
• Number of children: The more children involved in the divorce, the higher the child support amount will be.
• Parenting time (custody arrangement): Child support is also affected by the amount of time the child spends with each parent. If one parent has primary physical custody, the other parent may be required to pay a higher amount of child support to help cover the costs of the child’s care. In joint custody arrangements, where the child spends a significant amount of time with both parents, child support may be adjusted to reflect shared expenses.
• Child’s needs: The calculation also considers the child’s specific needs, such as medical expenses, educational costs, and childcare. If the child has special needs or requires additional support, these factors can influence the child support amount.
• Health insurance and childcare costs: The parent who provides health insurance for the child or pays for childcare will receive credit for these expenses in the child support calculation.

Once child support is calculated according to the guidelines, it is generally considered a fair amount, but parents can agree to modify this amount as long as the modification serves the child’s best interests and is approved by the court.

Agreement on Child Support in an Uncontested Divorce

In an uncontested divorce, both parents must agree on the amount of child support to be paid, which should be based on North Carolina’s child support guidelines. The agreed-upon child support amount must be included in the separation agreement, and the court will review the agreement to ensure that it is fair and that the child’s financial needs are adequately met.

If both parents agree on the child support amount and the court approves it, the support payments will be legally binding, and the paying parent will be required to make regular payments to the receiving parent to support the child.

Key points to include in the child support agreement:

• Amount of child support: This should be calculated based on the Child Support Guidelines unless both parties agree to a different amount that is still in the best interests of the child.
• Payment schedule: Clearly specify how and when child support payments will be made (e.g., weekly, biweekly, or monthly).
• Duration of support: Child support is typically paid until the child turns 18 or graduates from high school, whichever comes later. However, if the child has special needs, support may be required for a longer period.
• Method of payment: Indicate how child support will be paid, such as through direct payments, wage garnishment, or a third-party service that ensures timely payments.

Enforcement of Child Custody and Support Agreements

Once the court approves the custody and child support agreement, it becomes legally binding. If either parent fails to comply with the terms of the agreement, the other parent can seek enforcement through the court. This may involve filing a motion to enforce the agreement or requesting that the court hold the non-compliant parent in contempt.

It’s important to ensure that the custody and child support agreement is comprehensive, clear, and fair, as it will dictate how these critical issues are handled moving forward.

How Devan & Null Can Help You Handle Custody and Support in an Uncontested Divorce

At Devan & Null PLLC, we understand that the well-being of your children is your top priority, and we’re here to help you create a custody and child support agreement that works for your family. With over 30 years of experience in North Carolina family law, Attorney Laura Devan will guide you through the process of reaching an amicable agreement that serves your child’s best interests.

Our services include:

• Helping you create a fair and workable custody arrangement that meets the needs of both parents and, most importantly, your children.
• Assisting in calculating child support based on North Carolina’s guidelines, ensuring that your child’s financial needs are met.
• Preparing and filing all necessary legal documents to finalize the custody and support agreements as part of your uncontested divorce.

If you’re ready to begin the uncontested divorce process and want to ensure that your custody and child support arrangements are handled with care, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We’re here to guide you through the process and protect your rights.