What is a Simple Absolute Divorce in North Carolina?

Sometimes spouses grow apart and mutually decide to dissolve their marriage without any conflict. A Simple Absolute Divorce, also known as an Uncontested Divorce, is when both parties are in agreement regarding all factors.

If this is the case, the process is fairly straightforward. However, it is still critical that all state and local rules are followed in order for the divorce to be complete. Several aspects of an uncontested divorce include:

  • The parties must live separate and apart from one another for one year before a lawsuit can be filed
  • You must provide proper proof regarding the respondents military status
  • Your complaint for divorce must be properly served upon the other party
  • Once the complaint is filed, the other party must respond within a certain time
  • Once the time period has run for the responding party to have answered, assuming there are no issues, you file a Motion for Summary Judgment and a Notice of Hearing for that motion, along with a copy of your divorce decree and vital records document informing the court that there is no objection to your complaint for divorce and requesting the court grant your motion to become divorced

While this process may seem simple, there are many rules to follow and there are often critical things to address, from property to child custody. Marcellino & Tyson’s team of North Carolina family lawyers are experienced in handling divorces of every kind and offer the personalized service clients deserve when dealing with tough times and life-changing decisions.

For a more detailed overview, read our extended Uncontested Divorce blog entry.

The purpose of Marcellino & Tyson’s blog and information postings is to provide news, general information and a general understanding of the law. All content is for informational purposes only and is not legal advice. In addition, reading our informational news does not establish an attorney-client relationship. If you are seeking legal advice, we encourage you to contact an attorney to evaluate your needs.


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