Absolute Divorce


Hi, I am not an attorney but will give you the little bit that I know. If this is an uncontested divorce and you agree with everything in the divorce papers then you really don’t have to do anything. You don’t even have to show up for court but be sure that there is nothing in the papers that you object to. If there are objections then you should consider an attorney. When I did my divorce there was no property distribution or child custody/support issues therefore he did not not have to show up for court (I did b/c I had the papers served) and the divorce was granted. But if there had been property distribution I would have gotten what was asked for b/c he was not there. So just read the papers really good and make sure you agree with everything.

Hope this helps


Thanks didn’t think to include that. We don’t have any property together other than individual clothing and such which has been dealt with already. We do have a daughter together but the papers have nothing in them about custody. We have the child support paperwork taken care of but no official custody papers. Should there be any included in the absolute divorce papers? We have a verbal agreement which seems to be working so far. Thanks for the comment!


Dear WhatToDo:

Greetings. You will lose the claims for alimony and equitable distribution on the date of divorce. As far as child custody, you should definitely have an agreement, but it is not necessary to include claims for child custody in your divorce action, as you can raise them at any time in the future if you want to. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I have been served with absolute divorce papers from my ex/wife. I now live out of state and need to know what to do next. Do I need to get a lawyer or respond to the papers in any way or just wait out the time period and it will be done through the courts? I do want the divorce to go through as planned, so what is the next step for me?