Legal Question in Family Law in North Carolina

what is uncontested divorce and what does this mean


Asked on 8/26/11, 1:00 pm

1 Answer from Attorneys

An uncontested divorce means that there is no contest or dispute between the parties. North Carolina is a no fault divorce state. What this means is that the court does not care who was at fault or who cheated on who with regard to the divorce. All that is required is that one of the parties must have lived here for the 6 month period preceeding the filing of the divorce petition and the parties must have lived separate and apart for at least one one year. If the answers to both questions are yes, the party filing gets his/her divorce.

Now, there may be other issues like child custody, alimony/spousal support or child support that might make an issue contested, but those can be resolved in separate proceedings and do not prevent a divorce from being entered.

By the zip code entered, this is a South Carolina zip code. While I cannot advise you on South Carolina law, South Carolina may still have fault-based grounds for divorce. If you live in South Carolina and want to explore this area, then you might want to talk with a South Carolina attorney.

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Answered on 8/26/11, 6:19 pm


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