What is considered Uncontested?


#1

The only two reasons that NC grants divorce are: 1)Living separate and apart for one year and one day, 2) incurable insanity (which is rarely used).
If you and your STBX have agreed on equitable distribution then there is nothing that the courts need to decide. If you have not agreed on equitable distribution then the courts would need to decide. Equitable distribution is the splitting of all marital debt and assets evenly between the two parties. ED will not effect when a divorce can be filed for or granted. Child custody, child support and are separate issues from equitable distribution and each other. Alimony may be included in ED I believe.
When the divorce is filed for, both parties sign the papers or one party signs, (it makes no difference if the spouse being served doesn’t sign) . In 30-45 days the divorce, under normal circumstances, will be granted.


#2

In this state there is no contested divorce. The only way either party could stop the divorce would be to contest that you had been separated for a year and a day.

If you have also filed a lawsuit for property, those issues may be settled after the divorce is granted. If you have not filed an action to preserve your right to equitable distribution, you will need to do that before you finalize the divorce.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

When both spouses agree to an uncontesetd divorce, does that mean there is nothing outside of "granting the divorce’ or can it mean that there are no decisions to be made - that the decisions have already been agreed to between the spouses? For example if there are 2 items that are agreed to - but not formally accomplished yet - say removing one spouse from one joint credit account and the other spouse agrees to pay 36 months of COBRA payment - is that uncontested and would the agreements just be noted in the complaint? Or is that contested? Even though all property has been formally divided, all debts (except the one) have been segregated under individual accounts between the 2 spousese - no children, agreement for no alimony.