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divorceinfo   , 39

from Los Lunas


How To Achieve An Uncontested Divorce

North Carolina divorces are considered uncontested when both spouses come into an agreement. The first step is to file a divorce petition with the Cumberland County court. To hire an attorney to serve your spouse with divorce papers, you can visit www.divorcelawyersinfayettevillenc.com/practice-areas and retrieve further details. How to Achieve an Uncontested Divorce Your spouse has up to thirty days from the day he or she is served to respond to the divorce summons. A failure to respond leads to the possibility of a default judgment. This judgment requires that you attend a hearing before a judge and explain why you are seeking a divorce. If your spouse responds by signing and returning the divorce documents to your attorney the divorce is considered uncontested.

This implies that your spouse agrees with the terms of the divorce. This includes assignment of child custody and ncchildsupport as well as property division. If you are requesting spousal support in your divorce in north carolina and your spouse agrees to this term these payments will begin after the judge signs the final decree. Your spouse could contest the divorce based on anything from the grounds to the way in which the marital property is divided. When he or she contests the divorce, there is a possibility to settle the case outside of the court room.


First, your attorney will discuss with his or her legal counsel, which terms of the divorce agreement is the issue of the dispute. For instance, if he or she wishes to acquire a specific property or asset, the attorney will make attempts to negotiate or reassign ownership to an alternative item in an attempt to compromise. When all negotiation efforts fail, the next step to acquire an uncontested divorce is mediation. If you and your spouse have faced difficulties in discussing these matters together, mediation provides for a non-hostile environment in which you both have your legal counsel at your side.

This meeting could last up to several hours depending on how large the marital estate is. Each item listed in the divorce agreement is discussed individually and both, you and your spouse have the opportunity to air any grievances you have about any of these terms. Attorneys take every measure possible to settle divorce disputes through negotiations and meditation when necessary. At any time that these efforts fail, the divorce is classified as contested and a divorce trial is necessary. A divorce attorney fayetteville nc will advise you to make further attempts to restore the possibility of an uncontested divorce due to the high probability that a divorce trial may take up to two years to settle.