If you and your spouse have agreed to part ways amicably, you might be wondering whether you need a lawyer at all to get divorced in Asheville. After all, if there are no major disputes and you’re both committed to cooperation, what’s the harm in handling things yourselves?
The truth is, you can file for an uncontested divorce without a lawyer in North Carolina. But just because you can doesn’t always mean you should.
Many couples attempt a DIY divorce thinking it will be faster, cheaper, or easier—only to find themselves facing delays, rejected filings, or unintended consequences that could have been avoided with professional guidance. Others hire an Asheville uncontested divorce lawyer from the beginning and walk away with confidence that their divorce is complete, enforceable, and legally sound.
This post breaks down the pros and cons of both paths: DIY vs. working with a lawyer. If you’re thinking about filing your own uncontested divorce in Asheville, read this first to make sure you understand what’s involved—and what’s at risk.
What Is an Uncontested Divorce?
An uncontested divorce is a divorce where both spouses agree on every issue related to ending their marriage. This includes:
- The decision to divorce
- Division of property and debt
- Spousal support (alimony), if applicable
- Custody and visitation of minor children
- Child support and expenses
When no one is asking the court to resolve a dispute, the divorce is considered “uncontested.” This makes it possible to complete the divorce more efficiently, without a trial or extended litigation.
In Asheville, uncontested divorces still follow strict legal and procedural rules. That’s where the choice between doing it yourself and hiring an Asheville uncontested divorce lawyer becomes important.
DIY Divorce in Asheville: What’s Involved?
In a DIY uncontested divorce, you and your spouse are responsible for preparing, filing, serving, and finalizing all court documents without legal assistance.
Step-by-Step Process (No Lawyer Involved)
- Meet the Legal Requirements
- At least one spouse has lived in North Carolina for six months
- You’ve lived separate and apart for at least 12 months
- You agree on all major issues
- Prepare the Required Forms
- Complaint for Absolute Divorce
- Civil Summons
- Domestic Civil Action Cover Sheet
- Verification
- Affidavit of Military Status
- Certificate of Absolute Divorce
- Notice of Hearing or Motion for Summary Judgment
- Judgment of Absolute Divorce
- File with the Clerk of Court in Buncombe County
- Pay the filing fee ($225)
- Submit all required forms
- Serve the Defendant
- By sheriff, certified mail, or acceptance of service
- Wait 30 days for response
- Schedule a Hearing or File for Summary Judgment
- Include affidavits and supporting documents
- Prepare a proposed final judgment for the judge to sign
- Attend the Hearing or Await the Judgment
- If all documents are correct, the judge signs the divorce judgment
- Your marriage is officially dissolved
This process may sound simple, but the paperwork, deadlines, and court procedures are rigid. Judges expect full compliance. One mistake, and your case may be delayed or dismissed.
Common Pitfalls in DIY Divorces
Here are some of the most common errors that lead to complications in self-filed uncontested divorces:
1. Using the Wrong Forms
Many people download outdated or incorrect templates from the internet. North Carolina’s required forms must be the latest versions and fully compliant.
2. Improper Service of Process
Service must follow strict legal standards. If your spouse is not served correctly, the court cannot proceed with your case—even if they agree to everything.
3. Incorrect Judgments
Your final Judgment of Absolute Divorce must include specific findings and legal language. Judges reject judgments that are incomplete or inconsistent.
4. Vague or Missing Separation Agreements
Even when spouses agree, failure to clearly document terms—especially regarding property or custody—can result in the court rejecting your filing or leaving important issues unresolved.
5. Overlooking Key Issues
Without a lawyer, you may forget to address retirement accounts, tax consequences, insurance, or future disputes. These omissions often lead to problems long after the divorce is finalized.
Benefits of Hiring an Asheville Uncontested Divorce Lawyer
If you choose to hire a lawyer, your role in the divorce process changes dramatically. Rather than navigating the court system alone, you’ll have an advocate who handles everything on your behalf—ensuring a smoother, more secure outcome.
Here are some of the biggest advantages of working with an Asheville uncontested divorce lawyer:
1. Accuracy and Efficiency
An attorney will:
- Prepare all court documents correctly
- Ensure proper service of process
- Avoid delays due to paperwork errors
- Track deadlines and court rules
This saves time, stress, and often money in the long run.
2. Customized Separation Agreement
If your divorce includes property, debts, children, or support, your lawyer will draft a clear and enforceable separation agreement that:
- Complies with North Carolina law
- Reflects your true intentions
- Covers every foreseeable issue
This ensures you are protected and not leaving loose ends that could cause conflict later.
3. Court Approval and Enforcement
Lawyers know what Buncombe County judges expect. Your documents will be structured to gain swift approval and can be enforced easily if your ex-spouse fails to comply.
4. Child-Focused Parenting Plans
If children are involved, your lawyer will create a parenting plan and child support proposal that meets legal standards and serves your children’s best interests.
5. Avoiding Future Litigation
Poorly handled DIY divorces often result in post-divorce disputes over unclear or unenforceable agreements. Hiring a lawyer now can save you thousands in legal fees later.
Comparing DIY Divorce vs. Hiring a Lawyer in Asheville
| Factor | DIY Divorce | With Asheville Uncontested Divorce Lawyer |
|---|---|---|
| Cost (short-term) | Lower | Higher (but often flat-rate) |
| Risk of errors | High | Low |
| Time to finalize | Longer | Shorter |
| Paperwork preparation | You | Attorney |
| Legal guidance | None | Full support |
| Custom agreements | Unlikely | Fully tailored |
| Confidence in outcome | Lower | Higher |
| Enforceability of terms | Varies | Strong |
Who Should Consider DIY Divorce?
Filing your own divorce might make sense if:
- You have no children
- You own no shared real estate or retirement accounts
- You’ve already divided your assets and debts
- You and your spouse have no disagreements
- You’re comfortable with legal forms and court processes
- You’re willing to do all the research and paperwork yourself
Even in these cases, it’s wise to have your documents reviewed by an Asheville uncontested divorce lawyer before filing. A flat-fee review service can help prevent costly errors without the full cost of representation.
Who Should Definitely Work With a Lawyer?
Legal help is strongly recommended if:
- You have children
- There’s a marital home or mortgage involved
- You’re dividing retirement accounts
- Either spouse wants alimony
- You or your spouse are unsure of your rights
- You want to avoid future legal battles
Hiring an Asheville uncontested divorce lawyer in these situations ensures that your divorce is not only finalized—but also legally secure, enforceable, and fair.
What Does It Cost to Hire a Lawyer?
Most uncontested divorce lawyers in Asheville offer flat-fee pricing. That means no hourly billing and no surprises. The fee typically includes:
- Initial consultation
- Preparation of all court documents
- Drafting or review of the separation agreement
- Child support worksheets (if needed)
- Filing and service instructions
- Final hearing or summary judgment motion
The total cost varies depending on your case complexity, but for most clients, the value of peace of mind, time saved, and legal protection far outweighs the investment.
What If We Already Agreed on Everything?
Even if you and your spouse already agree on the terms, having a lawyer draft or review your paperwork ensures the agreement is:
- Legally enforceable
- Accepted by the judge
- Tailored to your actual needs
- Clearly worded to avoid disputes
Many people make the mistake of assuming that agreement equals security. But without legal review, your “agreement” may fall apart under scrutiny—or worse, leave you unprotected in the years ahead.
An Asheville uncontested divorce lawyer can turn your agreement into a court-approved, legally binding document that gives you both confidence to move forward.
Frequently Asked Questions (FAQ)
Can we file for divorce ourselves in Asheville without hiring a lawyer?
Yes. You can file your own uncontested divorce in North Carolina, but you must meet strict procedural and legal requirements.
What are the risks of a DIY divorce?
Mistakes in paperwork, service of process, or legal agreements can result in delays, court rejections, or unenforceable terms.
Is it cheaper to do it ourselves?
It may cost less upfront, but DIY mistakes often lead to more expensive legal problems later. A flat-fee lawyer may save you money in the long run.
Will a judge approve our divorce if we file it ourselves?
Only if all paperwork is correct, complete, and legally compliant. Judges often reject DIY filings due to errors or missing documentation.
Can we still use a lawyer if we’ve already filed some forms?
Yes. An Asheville uncontested divorce lawyer can take over or review your existing paperwork to help finalize the process properly.
Do we both need to hire a lawyer?
No. Only one spouse needs to hire a lawyer in an uncontested case. The other can choose to proceed without representation.
Can I get divorced without ever going to court?
Yes, if you file a Motion for Summary Judgment and your documents are complete, the judge can finalize your divorce without a hearing.
What if we forget to include something in our agreement?
Omissions can lead to disputes or even litigation later. A lawyer ensures all issues are addressed thoroughly.
Is legal help required to divide retirement accounts?
Yes. A Qualified Domestic Relations Order (QDRO) may be needed. This should be prepared by or in coordination with your lawyer.
Can we fix a DIY divorce after it’s finalized?
Not always. If your agreement is unenforceable or you waived rights unknowingly, you may not be able to change it. That’s why legal help is crucial from the start.
Divorce is more than a set of forms—it’s a legal event that carries long-term consequences. While DIY divorce may seem appealing on the surface, the risks often outweigh the rewards. For many, the smartest step is to work with a trusted Asheville uncontested divorce lawyer who can guide you through the process, protect your interests, and deliver the peace of mind that comes from knowing it’s all done right.
The McKinney Law Group: Flat-Fee Uncontested Divorce in Asheville
Why pay more than you have to for a divorce you both agree on? At The McKinney Law Group, we offer flat-fee uncontested divorce services for Asheville clients who want a fair, efficient outcome without unnecessary legal expenses.
We provide:
✔ Affordable pricing and no hidden costs
✔ All filings and court paperwork handled for you
✔ Custody, support, and property division included
✔ Legal advice and review throughout the process
✔ Timely and professional communication
Call 828-929-0642 or email [email protected] to learn more.