Uncontested divorce is often viewed as the more peaceful, cost-effective way to end a marriage in North Carolina—and in many cases, it is. But even the most cooperative divorces can be derailed by simple mistakes that cause delays, increase costs, or lead to legal consequences down the road.
An uncontested divorce doesn’t mean there’s no paperwork. It doesn’t mean the court will automatically approve whatever you submit. And it certainly doesn’t mean it’s too simple for things to go wrong.
As an experienced Asheville uncontested divorce lawyer, I’ve seen too many cases where couples had good intentions but ended up struggling because of avoidable errors. In this post, we’ll walk through five of the most common mistakes people make when handling an uncontested divorce in Asheville—and how to avoid them.
Mistake #1: Incomplete or Inaccurate Financial Disclosures
Even in uncontested divorces, financial transparency is critical. Couples often assume that because they agree on “who gets what,” there’s no need to formally document assets, debts, or income. But failing to provide full and accurate financial information can result in:
- An agreement that is legally unenforceable
- Future claims of fraud or concealment
- Disputes about retirement accounts, equity in the home, or hidden debts
- Delays if the judge finds the agreement unfair or incomplete
What to Do Instead:
Take time to compile and exchange detailed financial disclosures, even if you’re amicable. This includes:
- Bank accounts and balances
- Retirement accounts (401(k), IRA, pensions)
- Real estate holdings and mortgages
- Credit card and personal loan balances
- Vehicle values and associated debt
- Tax returns and income documentation
- Business ownership, if applicable
Your Asheville uncontested divorce lawyer can help draft a property and debt schedule that forms the backbone of your separation agreement. This prevents later accusations of hidden assets or unfair division.
Mistake #2: Filing in the Wrong County
It may sound minor, but filing your divorce in the wrong county can derail the process entirely. North Carolina requires that the complaint for divorce be filed in the county where either spouse resides. For divorces handled in Asheville, that means Buncombe County.
Some people, especially those filing without a lawyer, make the mistake of filing in a nearby county or where the marriage occurred, rather than where one spouse currently lives.
Why It Matters:
- Filing in the wrong jurisdiction can result in a dismissal
- You’ll lose time and filing fees
- Your case could be delayed for weeks or months
How to Avoid It:
Before you file, confirm where each spouse legally resides. Residency is established by physical presence and intent to remain in the county. One spouse must have been a North Carolina resident for at least six months before filing. An Asheville uncontested divorce lawyer will ensure your filing complies with jurisdictional requirements and gets submitted to the right courthouse the first time.
Mistake #3: Overlooking Retirement Accounts and Pensions
When dividing property in an uncontested divorce, many couples focus on more tangible assets—like the house, vehicles, or bank accounts—and forget about retirement savings. But retirement accounts are often among the most valuable marital assets, and they’re not always easy to divide.
Too many couples assume each party just keeps their own retirement, or that a handshake agreement is enough. This can lead to:
- Inequitable settlements
- Failure to account for premarital vs. marital portions
- Missed deadlines for Qualified Domestic Relations Orders (QDROs)
- Penalties or tax consequences if funds are transferred incorrectly
What to Do Instead:
Every 401(k), pension, IRA, or similar plan acquired or contributed to during the marriage should be disclosed, valued, and either divided or addressed explicitly in your agreement. Even if each party keeps their own accounts, the agreement should say so.
For many employer-sponsored plans, a QDRO is required to divide retirement benefits without tax penalties. Your Asheville uncontested divorce lawyer can prepare the QDRO or coordinate with a financial specialist to ensure it’s done correctly.
Ignoring retirement assets now could lead to years of regret—and potential litigation later.
Mistake #4: Using Vague or DIY Agreements
Many couples attempt to draft their own separation agreements using online templates or general language they think covers everything. Unfortunately, vague, ambiguous, or incomplete agreements can be disastrous.
Here’s what happens when agreements aren’t done right:
- The court may reject the filing
- A judge may decline to incorporate the agreement into the divorce
- Disputes may arise later over property, parenting, or finances
- One spouse may attempt to re-litigate issues you thought were resolved
Common Problems in DIY Agreements:
- “The parties will share custody” with no defined schedule
- “Each party will keep their own stuff” with no asset list
- “Spouse A will pay support” with no amount, frequency, or duration
- No provisions for health insurance, taxes, or dispute resolution
How to Avoid It:
A separation agreement is not just a document—it’s a binding contract that may become part of a court order. It must be:
- In writing
- Signed and notarized by both spouses
- Clear, specific, and comprehensive
- Drafted with legal enforceability in mind
An experienced Asheville uncontested divorce lawyer can draft or review your agreement to ensure it meets these standards, complies with North Carolina law, and protects your future.
Mistake #5: Mishandling Custody and Child Support
Divorcing parents in Asheville must resolve issues related to legal custody, physical custody, parenting time, child support, and related expenses. In an uncontested divorce, you’re free to agree on the terms—but your agreement must still meet judicial scrutiny.
Too often, parents submit plans that are too vague, too informal, or inconsistent with the North Carolina Child Support Guidelines. This can lead to:
- Rejection by the judge
- Delays in finalizing the divorce
- Future disputes over time-sharing or expenses
- Confusion about school decisions, medical care, or travel
Best Practices for Parenting Agreements:
- Define legal custody (joint or sole)
- Define physical custody and provide a detailed parenting schedule
- Include holidays, vacations, and transportation logistics
- Clarify communication rules and decision-making protocols
- Include provisions for resolving disagreements
- Specify child support amounts, payment frequency, and start dates
- Assign responsibility for health insurance and uncovered medical costs
If your agreement deviates from the state’s child support guidelines, explain why. Judges will want to ensure the child’s best interests are protected.
An Asheville uncontested divorce lawyer can help you draft a parenting plan that satisfies the court, protects your rights, and keeps your children’s needs front and center.
Bonus Mistake: Thinking You Don’t Need a Lawyer
Many people assume that uncontested means uncomplicated—and that hiring a lawyer is unnecessary. But even amicable divorces involve legal documents, court procedures, and enforceable contracts.
Common misconceptions include:
- “We don’t have much to divide, so we can just figure it out ourselves.”
- “We already agree, so there’s nothing left to fight about.”
- “Lawyers are just for contested divorces.”
The reality is that legal mistakes in uncontested divorces can cost more than a lawyer’s fee. A single error can delay your case for months, lead to an unenforceable agreement, or expose you to liability you didn’t expect.
Hiring an Asheville uncontested divorce lawyer doesn’t mean you’re inviting conflict. It means you’re protecting your interests, preserving cooperation, and avoiding unnecessary complications.
Frequently Asked Questions (FAQ)
Can we file for divorce ourselves in Asheville without a lawyer?
Yes, but it’s not always advisable. You are responsible for meeting all legal requirements. An Asheville uncontested divorce lawyer ensures your documents are correct and enforceable.
What happens if we forget to include a retirement account in our separation agreement?
If it’s not addressed, it could lead to disputes later. The court may also be unable to enforce division unless it’s included in a valid agreement.
Do we both need to be residents of Buncombe County to file here?
No. Only one spouse needs to reside in Buncombe County, and one spouse must have lived in North Carolina for at least six months.
What if we already divided our property but never signed anything?
Verbal agreements are not enforceable. You need a notarized written agreement. Your lawyer can draft one that formalizes what you’ve already agreed to.
Will a judge reject our divorce if the parenting plan is too vague?
Yes. The court requires clear custody terms and a defined parenting schedule to ensure the child’s best interests are met.
How is child support calculated in Asheville?
Using the North Carolina Child Support Guidelines, which factor in income, number of overnights, health insurance, and other expenses.
Can we waive child support if we both agree?
You can propose a deviation, but the court must approve it. The judge must be satisfied that the child’s needs are met.
What if my spouse won’t provide financial documents?
Without transparency, your agreement could be challenged later. Your Asheville uncontested divorce lawyer can help request or compel disclosure if needed.
What does it cost to hire an uncontested divorce lawyer in Asheville?
Most offer flat-fee services, which are often more affordable than trying to fix mistakes later. Costs vary based on complexity.
Can I hire a lawyer just to review my agreement?
Yes. Many lawyers offer limited-scope services to review or revise documents without taking over the entire case.
Final Thoughts
Uncontested divorce offers a faster, simpler, and more affordable way to end a marriage—but it still requires attention to detail. The most common mistakes—like skipping financial disclosures, filing in the wrong county, or overlooking retirement assets—can create major problems if not addressed properly.
Don’t let preventable errors derail your divorce or threaten your financial future. By working with a qualified Asheville uncontested divorce lawyer, you can avoid missteps, protect your rights, and finalize your divorce with confidence.
Uncontested should not mean unprepared. Take the right steps now to ensure your case stays on track—and that your divorce settlement truly reflects what you and your spouse have agreed to.
The McKinney Law Group: Your Partner in Peaceful Divorce in Asheville
Divorce doesn’t have to mean conflict. At The McKinney Law Group, we support Asheville couples through peaceful, uncontested divorces designed to preserve dignity, minimize stress, and protect your future.
We provide:
✔ Efficient filing and document services
✔ Help with custody, support, and division of assets
✔ Low-conflict legal guidance every step of the way
✔ Legal strategies that promote cooperation and closure
✔ Unmatched service and support in Buncombe County
Call 828-929-0642 or email [email protected] to schedule your uncontested divorce consultation in Asheville.