Reviewed August 2026
Uncontested Divorce Checklist in North Carolina
A North Carolina divorce is uncontested when both spouses agree the marriage should end. Neither one disputes the absolute divorce complaint once it is filed. North Carolina's real waiting period sits before filing, not after. Spouses must have already lived separate and apart for a full year and a day. Only then can a complaint for absolute divorce be submitted. At least one spouse must intend the separation to be permanent. North Carolina has no distinct summary dissolution statute. The state's only practical ground for absolute divorce is the one-year separation. An agreeing couple's case becomes a straightforward, non-adversarial filing once that year has run. The court still requires a short final hearing with sworn testimony before granting the divorce. This applies even when nobody disputes anything.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under North Carolina law for people researching before they file. It is not legal advice, and Virdix does not prepare or file North Carolina paperwork. See how Virdix works for California divorces.
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What makes a North Carolina divorce uncontested
A case is uncontested when the defendant does not file a response contesting the complaint. It is also uncontested when both spouses simply agree the marriage should end and cooperate through the process. North Carolina requires either spouse to have lived in the state for at least six months before filing. The couple must also have already lived separate and apart for one year and a day before the complaint can be filed. At least one spouse must intend that separation to be permanent. Property, support, and custody do not have to be resolved before the divorce itself is granted. North Carolina treats absolute divorce and equitable distribution of property as separate legal actions.
No separate summary track, but a streamlined packet
North Carolina has no short-marriage or low-asset summary dissolution statute. Its official Divorce Packet is the closest thing to a simplified path. The newer online Guide & File interview tool offers another route. Both walk a self-represented filer through the Complaint for Absolute Divorce and its companion documents, once the one-year separation requirement has already been met.
Document checklist
A North Carolina uncontested filing includes a Complaint for Absolute Divorce, drafted from the official packet template. It also needs a Civil Summons, a Domestic Civil Action Cover Sheet, and a Verification. Military-connected parties must also file a Servicemembers Civil Relief Act Affidavit. After the defendant is served, the case moves to a Notice of Hearing. It ends with a Judgment of Absolute Divorce and a Certificate of Absolute Divorce or Annulment for vital records purposes. Filers who cannot afford the $225 filing fee, plus service costs of roughly $30 for sheriff service or $7 for certified mail, can submit AOC-G-106, the Petition to Proceed as an Indigent.
Is a hearing required
Yes. North Carolina requires the plaintiff, or a corroborating witness, to appear and testify at a final hearing confirming the one-year separation. Only then will a judge sign the Judgment of Absolute Divorce. The state's own official process lays this out directly. After serving the papers and waiting 30 days, the filer sets a hearing date. They then appear in court with the prepared judgment for the judge's review. Even in a fully uncontested case, this hearing step is not skipped. It is typically brief, since nothing is in dispute.
Sources: General Statutes Section 50-6, grounds for absolute divorce (one year separation), NC Courts, North Carolina Divorce Packet, NC Courts, Divorce and Marriage self-help hub
Not independently confirmed
- Whether every county allows the corroborating-witness testimony requirement to be satisfied by affidavit rather than in-person appearance
- Current statewide completion status of the eCourts e-filing rollout for divorce filings by county
Uncontested Divorce Checklist in North Carolina: frequently asked questions
What qualifies a North Carolina divorce as uncontested?+
The defendant does not contest the complaint, or both spouses simply cooperate through the process. North Carolina requires six months of residency before filing. More importantly, it requires the couple to have already lived separate and apart for a full year and a day, with one spouse intending the split to be permanent.
Does North Carolina have a simplified divorce process?+
Not a separate statute. North Carolina's only practical ground for absolute divorce is already the one-year separation. So the standard process functions as a straightforward, non-adversarial filing once that year has run. The state's online Guide & File tool is the closest thing to a distinct simplified track.
Do we still have to go to a hearing if neither of us disputes the divorce?+
Yes. North Carolina requires the plaintiff or a corroborating witness to testify at a brief final hearing confirming the one-year separation. A judge signs the Judgment of Absolute Divorce only after that, even when the case is fully uncontested.
What documents does an uncontested North Carolina divorce need?+
A Complaint for Absolute Divorce, a Civil Summons, a Domestic Civil Action Cover Sheet, and a Verification. Military-connected parties add a Servicemembers Civil Relief Act Affidavit. The case concludes with a Notice of Hearing, a Judgment of Absolute Divorce, and a Certificate of Absolute Divorce or Annulment.
Does the North Carolina divorce also settle property and custody?+
Not automatically. North Carolina treats absolute divorce and equitable distribution of property as separate legal actions. Property, alimony, and custody claims generally need to be filed or preserved separately if they have not already been resolved before or alongside the divorce.
What if we cannot afford the North Carolina filing fee?+
File AOC-G-106, the Petition to Proceed as an Indigent, along with the related AOC Civil Affidavit of Indigency. It is available through the North Carolina Judicial Branch forms portal. If approved, this waives the $225 filing fee and related costs.
This page is general information about uncontested divorce checklist in North Carolina, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with North Carolina's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in North Carolina. Virdix does not prepare or file North Carolina divorce paperwork. It is not a substitute for an attorney licensed in North Carolina.
More North Carolina divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in North Carolina, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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