North Carolina Uncontested Divorce
File an uncontested divorce in North Carolina without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (14-16 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$5,000-$$30,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in North Carolina?
To file an uncontested divorce in North Carolina, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in North Carolina for 6 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
North Carolina Judgment for Absolute Divorce Before the Clerk
North Carolina's absolute divorce process is inherently streamlined for uncontested cases. If the defendant does not contest the divorce, it can be granted by the Clerk of Superior Court without a judge or courtroom hearing using form AOC-CV-710. The plaintiff files the Complaint, serves the defendant, waits 30 days, then presents the judgment forms to the Clerk for signature. A court appearance is generally NOT required for uncontested cases handled before the Clerk.
Requirements for Judgment for Absolute Divorce Before the Clerk
At least one spouse has been a resident of North Carolina for 6 months
Spouses have lived separate and apart for 1 year and 1 day
Verified Complaint for Absolute Divorce alleging residency and separation requirements
Valid service of process on the defendant
Defendant does not contest (fails to respond within 30 days or files a waiver)
No contested issues pending (custody, support, equitable distribution must be filed separately or resolved)
Plaintiff presents AOC-CV-710 and AOC-CV-711 (3 copies each) to the Clerk after the 30-day response window
How to File an Uncontested Divorce in North Carolina
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 6 required forms for North Carolina. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $225 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
North Carolina has a 365-day waiting period. North Carolina requires spouses to live separate and apart for 1 year and 1 day before filing for absolute divorce. The separation period begins on the date one or both spouses move to separate residences with intent for permanent separation. Separate bedrooms in the same home do not qualify. At least one spouse must intend the separation to be permanent. No formal document, court order, or filing is needed to establish the separation date. If spouses resume cohabitation at any point, the 1-year clock resets entirely. The full year must elapse BEFORE the Complaint for Absolute Divorce can be filed.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your North Carolina forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Both parties must fully disclose all assets and debts. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow North Carolina's service rules carefully.