Absolute Divorce

An uncontested divorce case can be filed in North Carolina based upon:

1. a one-year separation and
2. a six-month residency requirement.  

Allegations of fault such as adultery, abandonment, cruelty, indignities, etc., will not be addressed by the court at an uncontested divorce hearing and there will be no division of property or awards of alimony.

If such matters have not been satisfactorily addressed by the parties or included in a signed separation agreement, it is advisable to consult with an attorney before filing for an uncontested divorce.

Failure to do so could result in the loss of important legal rights.  

As part of an uncontested divorce action you may need to include in the divorce the custody arrangement for your minor child(ren).

However, child support and visitation schedules will not be addressed by the court at an uncontested divorce hearing.  If your spouse objects to your recitation of custody the matter will have to be continued and dealt with at a subsequent hearing.  Once again, it is strongly advisable to have an attorney representing you in all such proceedings.

In order to obtain an uncontested divorce, you must:

1. first live separate and apart (in separate abodes) from your spouse
2. for a minimum of one year.  

After that year has elapsed, you will need to file the court papers in the county where either you or your spouse resides.  

There is a six-month (6) residency requirement in North Carolina prior to seeking the divorce.  Procedures vary county to county, so you will want to check with the Clerk's Office in the county where you intend to file for divorce for that particular county's procedure.  In Mecklenburg County you can obtain copies of the court papers at the Self-Serve Center or at the Clerk of Court's Office.

In Mecklenburg County, you will need to file three copies the following court papers:

• Complaint (it must be notarized and verified);
• Civil Summons. 

The Clerk will date-stamp the papers and assign you a case number.  The Clerk will put a copy of the papers in the court file and return the other copies to you.  Be sure to tell the Clerk if you intend to serve the papers by certified mail.  The current cost to file the divorce is $ 225.00 (as of 6/10/2013).  In addition, you will have to pay $ 20 for each motion filed.

After you have filed the case at the Clerk's Office you will need to have the papers served on your spouse.  This can be accomplished by either taking one copy of the complaint and two copies of the summons to the Sheriff's Department for service at a cost of $ 30.00 , or by sending one copy of the Summons and Complaint to your spouse by certified mail, return receipt requested.

If you attempt service through the Sheriff's Department, you should wait about 10 days to two weeks before you check with the Sheriff's Department to see if the papers have been served.  The Sheriff's Department will usually make two or three attempts to serve the court papers before returning them to the Clerk's Office unserved.  The number for the Mecklenburg County Sheriff's Department (Civil Process Division) is 704-336-2543.

By the way, you can click here for the Court Phone Directory for the Mecklenburg County. 

If you attempt service by certified mail, be sure to keep your postal receipts.  The post office will date-stamp the white certified mail receipt and give it to you at the time of mailing.  The green return receipt card will be mailed back to you if someone signs for the papers.  The date that your spouse or someone at their residence signs for the papers should be written or stamped on the green card by the Post Office when the spouse signs for the papers.  Your spouse has thirty (30) days after receiving the divorce papers to file an answer objecting to the divorce.  If he or she fails to do so, you can proceed with obtaining your uncontested divorce.  Because North Carolina is a no fault divorce state, there is very little a spouse can object to as it relates to the divorce itself i.e. one year's separation and six month residency.

In Mecklenburg County, when you find out the date of service from the Sheriff's Department, or when you have received the green certified mail return receipt card, that completes the service of process part.  In other words the Defendant is now served with the pleadings.

At this point you are ready to file the Motion for Summary Judgment on the Absolute Divorce.  You can obtain sample copies of the Motion for Summary Judgment on the Absolute Divorce from the Self-Serve Center or can view a sample Motion for Summary Judgement on our website here.  At the time of the filing of the Motion the Clerk of Court will let you select the hearing date when you would like for the Judge to hear and adjudicate on your motion.

Together with your Motion for Summary Judgement you would need to provide the Court with a prepared copy of the Judgment of Divorce.  You can view a sample copy on our website here. 

In Mecklenburg County neither you nor your spouse are required to appear for the hearing on your Motion for Summary Judgment.

If you would like to resume your maiden name as part of your divorce, that request must be included in your divorce Complaint and the Divorce Judgment.

You will need to present a certified copy of the divorce judgment in order to have your name changed on your school records, driver's license and social security card.  Some credit card companies may also require a copy before they will issue you cards in your maiden name.  Additional certified copies of your divorce judgment may be obtained from the Mecklenburg County Clerk's Office for a nominal fee.

Additional Resources:

Mecklenburg County Self-Serv Center  

NC Courts, Mecklenburg County, District 26

Mecklenburg County Local Rules

Child Support Calculator