Frequently Asked Questions
How long does an uncontested divorce take in North Carolina?
You generally must be separated for at least one year before filing for an absolute divorce. After that, the time required depends on filing, service, court scheduling, and the facts of your case.
An attorney can explain the expected steps, but no particular completion date can be guaranteed.
Does my spouse have to agree to the divorce?
Not necessarily. North Carolina permits an eligible spouse to obtain an absolute divorce even if the other spouse does not agree to the divorce itself, provided the legal requirements are met and proper notice is given.
However, this does not mean that unresolved property, support, or other disputes will automatically be resolved. A case involving contested issues may not qualify for an uncontested flat-fee service.
Do we need a written separation agreement?
No written separation agreement is required solely to obtain an absolute divorce.
However, an agreement may be important if you need to resolve property, debts, support, or other rights. You should understand these issues before the divorce becomes final.
Can we get divorced if we have children?
Having children does not automatically prevent an absolute divorce.
However, custody and child support are separate legal matters, and additional considerations may apply. The flat-fee service described here is intended primarily for straightforward cases without disputed custody issues. Your circumstances should be reviewed before determining the appropriate service.
What if we own a house or have retirement accounts?
Property, debts, and retirement accounts may involve legal rights that should be evaluated before a divorce is finalized.
If you have unresolved marital property or alimony claims, do not assume that obtaining the divorce will preserve your ability to pursue them later. You may need additional legal services before proceeding.
What if my spouse lives outside North Carolina?
An absolute divorce may still be possible if the North Carolina residency requirements are met. However, service of process and other procedural requirements may differ depending on where your spouse lives.
Your situation should be reviewed before a fee or procedure is confirmed.
Do we both need to hire attorneys?
Not necessarily. One spouse may hire an attorney to handle that spouse's case. An attorney representing one spouse does not automatically represent the other spouse or provide independent legal advice to both.
If both spouses want legal advice, each should understand who represents whom and whether separate representation is appropriate.
Can I complete the process online?
Some parts of the intake and document process may be handled electronically. The availability of online filing and other procedures depends on the applicable court process.
After the initial screening, you will receive instructions about which steps can be completed online and which require other action.
What if my situation turns out to be more complicated?
If your circumstances involve unresolved disputes or additional legal issues, the appropriate next step may be a different legal service.
The scope of any flat-fee engagement will be explained in advance. Additional work will require a separate discussion and agreement.
Does submitting the online form make me a client?
No. Submitting an inquiry or screening form does not establish an attorney-client relationship. Representation begins only after the appropriate conflict review and completion of a written engagement agreement.
Please do not include sensitive or confidential details in the initial form.