Guide to Uncontested Divorce in North Carolina

Uncontested / Simple Divorce in North Carolina: A Plain-English Guide

If you live in North Carolina and your marriage is over, you may be looking for a way to end it that is as calm, affordable, and straightforward as possible. Many people in your situation choose an uncontested or “simple” divorce, where both spouses cooperate instead of fighting in court.

This guide explains how an uncontested divorce in North Carolina works, what “simple divorce” usually means here, who qualifies, and what steps are involved from separation to getting your final Judgment for Absolute Divorce. You will also see where a do-it-yourself approach and a self-help divorce kit can fit into the process.

Everything here is based on public information and common North Carolina court procedures. However, PlainDivorce is not a law firm, and this guide is legal information only, not legal advice. Court rules, forms, and fees change, and your situation may have details that need advice from a North Carolina family lawyer or legal aid service.

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Table of Contents

• 1. North Carolina “Absolute Divorce” at a Glance
• 2. What Is an Uncontested or Simple Divorce in North Carolina?
• 3. Who Qualifies for an Uncontested Divorce in North Carolina?
• 4. Step-by-Step Overview of the Uncontested Absolute Divorce Process
• 5. Special Issues When You Have Children
• 6. How Long Does an Uncontested Divorce Take in North Carolina?
• 7. What Does an Uncontested Divorce Cost?
• 8. When a DIY Divorce Might Not Be Right for You
• 9. Where a Self-Help Divorce Kit Fits Into the Process
• 10. Final Thoughts and Next Steps
• 11. Frequently Asked Questions

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1. North Carolina “Absolute Divorce” at a Glance

Typical filing cost: Often $225.00 total to file (commonly described as $150 filing fee + $75 divorce fee), plus service costs.

Key NC term: In North Carolina, ending a marriage is called an Absolute Divorce.

Most important fact in the entire case: Your Date of Separation. A typical NC case depends on being separated for one full year (many people wait “one year and one day” to avoid a counting mistake).

The #1 safety rule in NC: If you want court-ordered equitable distribution (property division) or alimony, protect those rights before the divorce becomes final.

Where it’s filed: You file with the clerk at your county courthouse (your case is handled in the District Court Division).

Mandatory intake form: Domestic Civil Action Cover Sheet (AOC-CV-750).

Vital records form: Certificate of Absolute Divorce or Annulment (DHHS 2089 / AOC-CV-711).

Common finish lines: Either a brief Testimony for Absolute Divorce hearing, or (in many counties) a Motion for Summary Judgment for Absolute Divorce (paper-based route).

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2. What Is an Uncontested or Simple Divorce in North Carolina?

North Carolina law uses the term Absolute Divorce for the court order that legally ends a marriage. The law itself does not create a special “uncontested divorce” case type, but in everyday court practice people talk about uncontested, contested, and “simple” divorces.

An uncontested Absolute Divorce in North Carolina usually means the other spouse does not fight the divorce after being properly served. They either:

• Do not file an Answer or objection at all, or
• Let the case go forward by consent, without asking the judge to decide disputes inside the divorce only case.

A simple divorce in North Carolina often means a divorce only case: you are asking the court only for the Judgment for Absolute Divorce. Issues like property division, alimony, and child custody or child support are usually handled separately (often by a written Separation Agreement or separate court orders) rather than being litigated inside the divorce complaint.

Important vocabulary note: North Carolina also has a separate concept sometimes called Divorce from Bed and Board, which is not the same thing as an Absolute Divorce. Most people searching for a “simple divorce” mean an Absolute Divorce that ends the marriage.

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3. Who Qualifies for an Uncontested Divorce in North Carolina?

To qualify for any Absolute Divorce in North Carolina, you must meet certain rules about residency, separation, and grounds. Then, for the divorce to be “uncontested,” there must be cooperation (or at least no active opposition) from the other spouse.

3.1 Residency requirements (6 months)

At least one of you must have been a resident of North Carolina for at least six months immediately before the divorce is filed. It is enough if either the filing spouse (plaintiff) or the other spouse (defendant) meets this requirement.

3.2 Separation and grounds (the Date of Separation is everything)

The most common ground for Absolute Divorce in North Carolina is one year of separation. This usually means:

• You and your spouse have lived in separate residences (not just separate bedrooms) for at least 12 months in a row, and
• At least one spouse intended the separation to be permanent during that entire time.

Practical tip: Many people wait “one year and one day” before filing to reduce the risk of a date counting mistake. The safest approach is to treat the Date of Separation as the single most important fact you must state clearly and consistently in your paperwork (and testimony, if you have a hearing).

There is also a special ground based on incurable insanity that typically requires a longer period and specific proof. Most self-represented people use the one year separation ground instead.

3.3 When an uncontested divorce only case is a good fit

Your case is more likely to be a good fit for an uncontested, simple (divorce only) approach if:

• You clearly meet the six month residency and one year separation rules.
• You can clearly identify your Date of Separation (and you are not still “living together as spouses”).
• Both of you agree the marriage is over, and the defendant is unlikely to contest the divorce.
• You are not asking the judge to decide disputes about custody, support, or property inside the divorce only case.
• If you have property, support, or children issues, you have a signed Separation Agreement (or existing orders) that handles them, or you have already filed any claims you need to protect.

3.4 Situations where an uncontested divorce may not work

A simple or uncontested approach may not be appropriate if:

• There is serious domestic violence, intimidation, or control.
• You do not know the full picture about your spouse’s income, debts, or assets.
• There are major disagreements about children, support, or property that are not yet resolved.
• There are complex issues like businesses, large retirement accounts, or immigration status.

In those situations, it’s smart to consult a North Carolina family lawyer or legal aid office before relying on a DIY process.

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4. Step-by-Step Overview of the Uncontested Absolute Divorce Process

Every county can have its own local procedures, so always follow the current instructions from your courthouse or the North Carolina Judicial Branch. What follows is a plain-English overview of the usual steps for an uncontested Absolute Divorce case.

Step 1 – Confirm eligibility (especially the Date of Separation)

• Either you or your spouse has lived in North Carolina for at least six months before filing.
• You have lived in separate residences for at least one full year.
• At least one spouse intended the separation to be permanent during that time.

Write down your date of marriage, Date of Separation, current addresses, and basic information about any minor children. These facts appear throughout the Complaint for Absolute Divorce and supporting documents.

Step 2 – Protect your rights before you file (equitable distribution and alimony)

This is the most important “hard stop” in North Carolina DIY divorces:

• If you want the court to divide property (like a house, equity, or a 401(k)) through equitable distribution, make sure that claim is properly protected before the Absolute Divorce becomes final.
• If you may need alimony (or you may be asked to pay it), do not assume you can “handle it later.” Protect that issue before the divorce is final.

Many couples use a written Separation Agreement to resolve property and support outside court. Others file claims with the court so the issues are legally preserved. If you are unsure which route fits your situation, consider legal advice before you file for divorce.

Step 3 – Prepare the North Carolina Absolute Divorce filing package (forms that trigger clerk acceptance)

For a typical uncontested case, your initial filing package usually includes:

• Complaint for Absolute Divorce (the pleading that starts the case)
• Domestic Civil Action Cover Sheet (AOC-CV-750)
• Civil Summons (AOC-CV-100)
• Servicemembers Civil Relief Act Affidavit (military status affidavit required in many cases)
• Certificate of Absolute Divorce or Annulment (DHHS 2089 / AOC-CV-711) (vital records reporting form)
• Proposed Judgment for Absolute Divorce (the order you ask the judge to sign)
• Proof of service paperwork (after service is completed)
• Any county specific scheduling or local forms (varies by county)

Tip: Use the most current versions of forms from official sources. Small omissions (like missing cover sheets) are a common reason filings get rejected or delayed.

Step 4 – File your case with the clerk in the correct county

Next, you file your completed paperwork at your county courthouse and pay the filing fee. The clerk stamps your documents, assigns a case number, and keeps the originals in the court file. Keep stamped copies for your records.

Step 5 – Serve your spouse (and keep clean proof of service)

In most cases, the defendant must be formally served with the filed Complaint for Absolute Divorce and the Civil Summons (AOC-CV-100). Common methods include:

• Sheriff service (for an additional fee)
• Certified mail with return receipt requested
• Other court-approved service methods

Whatever method you use, you must file the correct proof of service with the court. Service mistakes are one of the most common reasons “simple” divorces get delayed.

Step 6 – The response window and choosing your finish line (hearing or summary judgment)

After service, the defendant typically has 30 days to file an Answer (and in some situations, that deadline can be extended). In many uncontested cases, the defendant does not file anything, or they do not oppose the divorce.

From there, many North Carolina counties offer two common ways to finish an uncontested Absolute Divorce:

• Hearing path: You schedule a brief court appearance and provide Testimony for Absolute Divorce.
• No hearing path (in many counties): You file a Motion for Summary Judgment for Absolute Divorce so the judge can decide based on paperwork.

Check your county’s current instructions because local practice can vary.

Step 7 – Judgment for Absolute Divorce (and proof for your records)

If everything is in order, the judge signs the Judgment for Absolute Divorce. Once entered, your marriage is legally ended.

Afterward, you can request certified copies from the clerk. Certified copies are commonly used for name changes, remarriage, and updating records.

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5. Special Issues When You Have Children

Having minor children does not automatically prevent an uncontested Absolute Divorce, but it does increase the importance of having a clear plan. In many simple divorce cases, detailed custody and support issues are handled in separate orders or in a written Separation Agreement.

• Your parenting plan should be consistent with the children’s best interests.
• Child support should be reasonable and consistent with North Carolina’s child support guidelines when applicable.
• Even after divorce, custody and support can often be revisited later if circumstances change.

If there are serious disagreements about the children or any history of violence or abuse, a DIY simple divorce may not be the right path. Consider legal advice and safety planning resources in your area.

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6. How Long Does an Uncontested Divorce Take in North Carolina?

There are two main time pieces in a North Carolina simple divorce:

• Separation period: At least one full year of living in separate residences before the court can grant an Absolute Divorce.
• Court processing time: The time from filing to entry of the Judgment for Absolute Divorce, which varies by county, workload, service speed, and whether your paperwork is complete.

Once the separation period has already passed, many uncontested divorces finish in a few months after filing, though backlogs or service problems can slow things down.

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7. What Does an Uncontested Divorce Cost?

Costs usually fall into a few categories. Amounts can change, so confirm current fees with your county clerk before filing.

• Filing fee (commonly total): about $225.00 to file an Absolute Divorce case (often described as $150 civil filing fee + $75 divorce fee).
• Service costs: Sheriff service is commonly $30.00 per party served. Certified mail and private process service can also cost money.
• Name resumption (when a separate notice is used): A $10.00 fee may apply to file a Notice of Resumption of Former Name. Many people instead request the name change in the divorce judgment itself, so confirm what your clerk requires.
• Other costs: Notary fees, photocopying, postage, travel, and certified copies.

Compared to a fully contested divorce with attorneys litigating multiple issues, a straightforward uncontested case is usually much less expensive, especially when you can do most of the paperwork yourself with reliable instructions.

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8. When a DIY Divorce Might Not Be Right for You

A do-it-yourself, uncontested Absolute Divorce can be a good option when both spouses are cooperative and the situation is straightforward. However, it may not be the right choice if:

• There is domestic violence, threats, or serious power imbalance.
• One spouse has much more information or control over the finances.
• There are complex assets (business interests, multiple properties, large retirement accounts).
• You are unsure about property division or support rights, or you think you may need the court to decide them.
• There are immigration, military, disability, or tax issues that could be affected by divorce.

In these situations, consider getting at least a consultation with a North Carolina family lawyer or legal aid organization before filing.

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9. Where a Self-Help Divorce Kit Fits Into the Process

Many people are capable of handling a simple North Carolina divorce on their own, but the forms and procedure can feel overwhelming. A well-designed self-help kit can make the process more manageable and help you avoid common omissions.

A North Carolina uncontested divorce self-help kit typically helps you with:

• Understanding the big picture from separation timing to Judgment for Absolute Divorce.
• Knowing which documents you will likely need, including the key intake forms like AOC-CV-750 and common supporting forms like the military status affidavit.
• Completing paperwork cleanly with plain-English explanations and examples.
• Staying organized with checklists for filing, service, and your county’s finish line (hearing or summary judgment).
• Spotting the biggest risk so you don’t accidentally lose rights to equitable distribution or alimony by finalizing the divorce too early.

PlainDivorce sells downloadable, do-it-yourself kits specifically for uncontested divorce. Our materials are designed for self-represented people who want to save money and keep control of their own case, while still having structured guidance on paperwork and procedure.

Remember: our kits provide legal information and document help, not legal advice, and using a kit does not create a lawyer-client relationship. You remain responsible for your own decisions and for confirming current rules and forms with the court.

Download Our North Carolina Uncontested Divorce Self-Help Kit

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10. Final Thoughts and Next Steps

Even when both spouses agree the marriage is over, the paperwork and court procedures can feel intimidating. The good news is that North Carolina’s uncontested Absolute Divorce process is designed so that many people can navigate it on their own, especially when they are organized and use clear instructions.

Before you file, do three things:

• Confirm you meet the six month residency and one year separation requirements.
• Make sure you are not about to lose important rights (especially equitable distribution or alimony) by finalizing the divorce too early.
• Use the correct required intake forms (especially AOC-CV-750 and DHHS 2089 / AOC-CV-711) and follow your county’s finish line process (hearing or summary judgment).

Finally, remember that PlainDivorce is not a law firm. This guide and any self-help materials you use from us are legal information only, not legal advice. Court rules, forms, and fees can change, so always confirm details with the North Carolina Judicial Branch, your local clerk of court, or a North Carolina lawyer before you file.

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11. Frequently Asked Questions

What is an uncontested or simple divorce in North Carolina?

In North Carolina, ending a marriage is called an Absolute Divorce. “Uncontested” usually means the defendant does not fight the divorce after being properly served. “Simple divorce” often means a divorce only case where property, support, and parenting issues are handled outside the divorce complaint (often in a Separation Agreement or separate orders).

What is the biggest mistake people make in a North Carolina “simple divorce”?

The biggest mistake is finalizing the Absolute Divorce before protecting claims for equitable distribution (property division) or alimony. If you think you will “split the 401(k) later” or “deal with support later,” pause and get reliable information before you file.

Do we have to go to court for an uncontested divorce in North Carolina?

It depends on the county. Many counties still use a brief hearing with Testimony for Absolute Divorce. In some counties, you may be able to use a Motion for Summary Judgment so the judge can grant the divorce based on paperwork instead of in-person testimony. Always check your county’s current instructions.

What forms do people usually mean when they say “absolute divorce papers”?

High-intent filers are often looking for the core filing package: the Complaint for Absolute Divorce, the Domestic Civil Action Cover Sheet (AOC-CV-750), the Civil Summons (AOC-CV-100), a required military status affidavit, the DHHS 2089 vital records form, proper proof of service, and a proposed Judgment for Absolute Divorce. Counties can require additional local scheduling paperwork.

How much does it cost to file for divorce in North Carolina?

The filing cost is commonly about $225.00 total to start an Absolute Divorce case, plus service costs and other small expenses. Always confirm current fees with your county clerk because fees and local practices can change.