Filing for an uncontested divorce in Asheville might seem straightforward, especially when you and your spouse agree on all the major issues—property division, alimony, custody, child support. But even the most amicable divorce requires precise paperwork and proper filing procedures. Missing a single form, entering the wrong date, or failing to notarize a document can delay your divorce or result in dismissal altogether.
If you’re ready to move forward with a no-fault, uncontested divorce in Buncombe County, this guide outlines the exact documents you’ll need to properly file and finalize your case. An experienced Asheville uncontested divorce lawyer can ensure every form is accurate, complete, and accepted by the court—saving you time, money, and stress.
Why Getting the Paperwork Right Matters
The North Carolina court system has strict requirements for uncontested divorce cases. You can’t simply write a letter to a judge or agree with your spouse verbally. Instead, you must file a series of court-approved forms in a specific sequence.
Filing incorrect or incomplete paperwork often leads to:
- Court rejections and delays
- Additional filing fees
- Multiple trips to the courthouse
- A potential dismissal of your case
An Asheville uncontested divorce lawyer helps you avoid these issues by handling all the technical details with precision.
Overview of Required Forms for an Uncontested Divorce in Buncombe County
Here is a list of the essential forms you’ll need to file and complete an uncontested divorce in Asheville:
- Complaint for Absolute Divorce (AOC-CV-100)
- Civil Summons (AOC-CV-100)
- Domestic Civil Action Cover Sheet (AOC-CV-750)
- Verification
- Servicemembers Civil Relief Act Affidavit (AOC-G-250)
- Notice of Hearing (if applicable)
- Judgment of Absolute Divorce
- Certificate of Absolute Divorce or Annulment (DHHS 2089/Vital Records Form)
- Waiver of Appearance (optional)
- Separation Agreement or Consent Judgment (if applicable)
Let’s break each one down and explain how to prepare and file them correctly.
1. Complaint for Absolute Divorce (Form AOC-CV-100)
This is the document that begins your divorce action. It states that you are seeking an absolute divorce and lays out the factual basis for the request.
Key Elements:
- Full names of both spouses
- Date of marriage and separation
- County of residence
- Statement that the parties have lived separate and apart for at least 12 months
- Confirmation that at least one spouse has lived in North Carolina for 6 months
Tips:
- Use the court’s official form.
- Do not request property distribution or custody unless agreed upon in writing.
- Sign the complaint and have it notarized.
Your Asheville uncontested divorce lawyer will draft this form accurately and ensure all factual and legal elements are included.
2. Civil Summons (Form AOC-CV-100)
Despite sharing the same form number as the Complaint, the Civil Summons is a separate document used to serve the other party.
Purpose:
- Informs the defendant (your spouse) that a lawsuit has been filed
- Provides a deadline to respond (30 days)
Details:
- Fill out the top portion
- The Clerk of Court will sign and issue the summons
- The summons is valid for 60 days and must be served properly
Service must be completed by sheriff, certified mail, or acceptance of service. An Asheville uncontested divorce lawyerensures timely and lawful service.
3. Domestic Civil Action Cover Sheet (Form AOC-CV-750)
This form helps the court clerk classify your case.
Include:
- Type of case: “Absolute Divorce”
- Parties’ contact information
- Attorney information (if represented)
This form must be filed with your complaint and summons. Failure to include it can delay processing.
4. Verification
The verification is a sworn statement affirming that the contents of your complaint are true to the best of your knowledge and belief.
Important Notes:
- It must be notarized.
- It is a separate sheet, not part of the main complaint form.
- Must be attached behind the Complaint when filed.
A common mistake is forgetting to include the verification, which can cause your entire case to be rejected. An Asheville uncontested divorce lawyer ensures every pleading includes a proper verification.
5. Servicemembers Civil Relief Act Affidavit (Form AOC-G-250)
This affidavit confirms whether the defendant is an active-duty servicemember. The court cannot enter a default judgment against a service member unless they have waived their rights.
You Must:
- Declare whether your spouse is in the military
- Attach proof (e.g., a Department of Defense affidavit)
- Sign and notarize the form
Judges will not proceed without this document, even in amicable, uncontested cases. Your lawyer can help obtain the necessary certification from the Department of Defense database.
6. Notice of Hearing (If Proceeding by Hearing)
If you choose to finalize your uncontested divorce at a hearing rather than through summary judgment, this form must be filed and served on your spouse.
Contents:
- Date and time of your scheduled court appearance
- Location of the hearing (Buncombe County Courthouse)
- Must be served at least 10 days in advance
This form is not required if you’re using a Motion for Summary Judgment process. An Asheville uncontested divorce lawyer will advise which method best suits your situation.
7. Judgment of Absolute Divorce
This is the final order that legally dissolves your marriage.
Details:
- Includes findings of fact (marriage date, separation, residency)
- Declares the marriage dissolved
- Must be signed by the judge and entered by the Clerk
You should prepare:
- Two copies: One for filing, one for certification
- Stamped, self-addressed envelope for mailing the certified copy
Judges expect this form to be properly formatted and complete. Your Asheville uncontested divorce lawyer ensures the judgment is court-ready.
8. Certificate of Absolute Divorce or Annulment (DHHS 2089)
This is a statistical form required by the North Carolina Department of Health and Human Services. It records demographic data for the state.
It includes:
- Names and dates of birth
- Social Security numbers
- Number of marriages for each party
The certificate is submitted to the Clerk of Court but is not part of the public record. Without it, your divorce judgment may not be processed correctly.
9. Waiver of Appearance (Optional)
If your spouse agrees to the divorce and doesn’t want to be served formally or attend court, they can sign a waiver of appearance.
The waiver must:
- Acknowledge receipt of the complaint
- Waive right to formal service and notice of hearing
- Be signed and notarized
Using this form can speed up your case, especially when both parties want to avoid court. An Asheville uncontested divorce lawyer often coordinates waivers to reduce procedural delays.
10. Separation Agreement or Consent Judgment (If Applicable)
If your divorce includes property division, alimony, or child custody, those terms should be incorporated into a Separation Agreement or Consent Judgment.
Key points:
- Must be signed by both parties
- Should be notarized
- Can be incorporated into the divorce judgment or filed separately
These documents must be precise and enforceable. Vague or informal agreements may be rejected by the court or create future legal issues. Your Asheville uncontested divorce lawyer will draft a custom agreement that protects your rights and avoids future litigation.
How to File the Forms in Buncombe County
After preparing your documents, you must file them in person or by mail at:
Buncombe County Clerk of Superior Court
60 Court Plaza, Asheville, NC 28801
Filing Fees:
- Absolute Divorce Complaint: $225
- Service by Sheriff (if used): $30
- Certified Copy of Judgment: $10
If you cannot afford these fees, your lawyer can assist you in completing a Petition to Proceed as an Indigent (Form AOC-G-106).
What Happens After Filing?
Once the Complaint is filed and the Summons is issued, here’s what happens next:
- Service of Process: Your spouse must be served via sheriff, certified mail, or waiver.
- 30-Day Waiting Period: Your spouse has 30 days to respond or waive their rights.
- Summary Judgment or Hearing: Your case is finalized by filing a motion or attending court.
- Final Judgment: The judge signs the Judgment of Absolute Divorce.
Every step involves precise paperwork. One missed deadline or omitted form can delay your divorce indefinitely. That’s why many choose to hire an Asheville uncontested divorce lawyer even when the case is amicable.
Benefits of Hiring an Asheville Uncontested Divorce Lawyer
Even if you and your spouse agree on everything, hiring a lawyer ensures:
- All forms are correctly filled out and filed
- Service requirements are met without error
- Financial disclosures are handled properly
- Child custody and support documents meet legal standards
- The final judgment is entered without delays
You’re not just paying for paperwork—you’re paying for peace of mind, legal protection, and efficiency.
Frequently Asked Questions (FAQ)
Do I have to use the official court forms?
Yes. North Carolina courts require specific standardized forms. Custom documents may be rejected if they don’t meet format and content guidelines.
Can I file everything at once?
Typically yes, if all forms are complete and properly executed. An Asheville uncontested divorce lawyer can file your packet in one visit to the Clerk’s Office.
How do I know if my spouse was properly served?
Proof of service is filed with the court. It may be a sheriff’s return, certified mail receipt, or notarized acceptance of service.
What happens if a form is missing?
Your case may be rejected or delayed. The Clerk or judge may issue a deficiency notice or require you to refile.
Can I use online templates or AI to fill out my divorce forms?
You can, but it’s risky. These tools often lack the legal accuracy and jurisdiction-specific requirements that a local lawyer provides.
Do I need to file a parenting plan if we have children?
Yes. You should include a detailed custody agreement and child support terms that comply with state guidelines.
Can we use a separation agreement instead of going to court?
A separation agreement can settle all divorce-related terms, but you still need to file a divorce action to legally end the marriage.
Is notarization required?
Yes. The complaint, verification, affidavits, and agreements must be notarized before filing.
What if I can’t afford the filing fees?
You may qualify to file as an indigent. A lawyer can assist you with the proper affidavit and petition.
Do both spouses need to file forms?
No. The plaintiff files the initial forms. The defendant may respond or waive appearance depending on the circumstances.
Getting divorced in Asheville doesn’t have to be complicated—but it does require attention to detail. By working with a trusted Asheville uncontested divorce lawyer, you can ensure your paperwork is done right the first time, your case moves efficiently through the courts, and your rights are fully protected.
The McKinney Law Group: Affordable Uncontested Divorce in Asheville, NC
Uncontested divorce is the fastest, most affordable way to legally separate in North Carolina. At The McKinney Law Group, we guide Asheville clients through the entire process with clear, flat-fee services.
We offer:
✔ Low-stress legal support from start to finish
✔ Court-ready paperwork and filings
✔ Custody and support terms included when needed
✔ No court battles or drawn-out disputes
✔ Legal guidance tailored to Buncombe County rules
Call 828-929-0642 or email [email protected] today.