Finalizing an uncontested divorce in Asheville can be straightforward—when all the right steps are followed, documents are properly filed, and the parties cooperate fully. But even in cases where both spouses agree on the terms, missing a single requirement can delay your divorce or lead to a rejected filing. That’s why a detailed checklist is crucial.
North Carolina law imposes specific requirements for jurisdiction, separation, documentation, service, and court procedure. Couples who overlook these standards often find their cases delayed or dismissed. The court does not relax the rules simply because both parties are cooperative.
This guide provides a comprehensive checklist for what you’ll need to finalize an uncontested divorce in Buncombe County. Whether you are handling the process yourself or working with an experienced Asheville uncontested divorce attorney, this roadmap will keep you on track from beginning to end.
Residency and Separation Requirements
Before filing, make sure you meet the basic legal thresholds to proceed with a divorce in North Carolina.
✔ One-Year Separation
You and your spouse must have lived separate and apart—physically in separate residences—for at least 12 consecutive months prior to filing.
✔ North Carolina Residency
At least one spouse must have been a resident of North Carolina for at least six months before the complaint is filed. You do not need to have been a resident of Buncombe County specifically, but if you are filing in Asheville, one party must reside in the county.
Required Legal Forms
Uncontested divorce still requires a complete and correctly filed legal package. All forms must be current and completed accurately.
✔ Complaint for Absolute Divorce (AOC-CV-100)
The document that starts the divorce. It must include all required allegations under North Carolina law and a sworn verification.
✔ Verification
A notarized statement affirming that the facts stated in the complaint are true to the best of your knowledge.
✔ Civil Summons (AOC-CV-100)
Required to notify your spouse of the lawsuit and begin the formal service process.
✔ Domestic Civil Action Cover Sheet (AOC-CV-750)
Identifies the type of case and helps the court classify and process the filing.
✔ Servicemembers Civil Relief Act Affidavit (AOC-G-250)
Confirms whether your spouse is an active duty military member and informs the court of service status for federal protection purposes.
✔ Certificate of Absolute Divorce or Annulment (DHHS 2089)
A statistical form required by the state for recordkeeping purposes. This form is submitted to the Clerk but is not filed as part of the public case record.
Filing the Complaint
✔ File with the Buncombe County Clerk of Court
File the complaint, summons, cover sheet, and other documents in person or by mail with the Clerk of Superior Court at the Buncombe County Courthouse.
Location:
60 Court Plaza
Asheville, NC 28801
Fee:
$225 (subject to change). You may request to proceed as an indigent by submitting Form AOC-G-106 if you cannot afford the filing fee.
Service of Process
Your spouse must be legally served with the Complaint and Summons.
✔ Acceptable Methods of Service
- Sheriff’s Office (preferred method in Buncombe County)
- Certified Mail with Return Receipt
- Waiver and Acceptance of Service (must be notarized)
✔ File Proof of Service
Once your spouse is served, you must file either:
- A Sheriff’s Return
- A postal return receipt with affidavit
- A notarized acceptance of service
The court will not proceed without valid proof of service.
Waiting Period
After proper service, there is a mandatory 30-day waiting period before the court can take further action. During this time, the defendant may file an answer, though in uncontested cases, they usually do not.
Supporting Documents for Finalization
Once the waiting period ends, the divorce can move toward judgment. Additional documents must be filed to finalize the case.
✔ Notice of Hearing OR Motion for Summary Judgment
- Notice of Hearing is required if you are scheduling a live court appearance.
- Motion for Summary Judgment allows the divorce to be finalized without a hearing, based on affidavits.
✔ Affidavit of Testimony
In summary judgment cases, this affidavit confirms that all statutory requirements have been met and supports the final judgment. It must be notarized.
✔ Proposed Judgment of Absolute Divorce
The final order that legally dissolves the marriage. This must include:
- Findings of fact (date of marriage, separation, service, etc.)
- Legal conclusions
- Any approved name change
- The judge’s signature line
Bring at least two copies to the hearing or submit with the motion.
✔ Stamped, Self-Addressed Envelope
For receiving a certified copy of the divorce judgment by mail if you’re not attending a live hearing.
Optional: Separation Agreement
A separation agreement is not required for divorce but is strongly recommended when there are mutual decisions about:
- Property division
- Debt allocation
- Spousal support
- Child custody and visitation
- Child support
- Insurance and tax responsibilities
✔ Signed and Notarized by Both Parties
All separation agreements must be signed voluntarily and notarized to be enforceable.
✔ Clear, Comprehensive, and Specific
Avoid vague terms or ambiguous language. Address every issue that could lead to future disputes.
✔ Option to Incorporate into Divorce Judgment
If you want the court to enforce the agreement like a court order, request incorporation into the final divorce decree. Your Asheville uncontested divorce attorney will help with the appropriate legal language.
Optional: Name Change Request
If one party wants to resume a previous surname, this must be requested in the complaint and included in the final judgment.
✔ Name Change Language in Complaint
Clearly state the request to resume a prior surname under N.C. Gen. Stat. § 50-12.
✔ Inclusion in Final Judgment
Judges will only approve the name change if it is requested properly and reflected in the final divorce order.
Child-Related Documents (If Applicable)
When children are involved, additional steps are necessary to ensure that custody and support meet state requirements.
✔ Parenting Agreement
Outlines legal and physical custody, parenting time, holidays, and decision-making.
✔ Child Support Worksheet
Based on North Carolina Child Support Guidelines, accounting for:
- Income
- Health insurance
- Childcare costs
- Parenting time
✔ Health Insurance Provision
Clarify who will maintain health insurance and cover uncovered medical expenses.
✔ Optional: Consent Order for Custody and Support
If you want the court to enforce the parenting terms, ask your Asheville uncontested divorce attorney to draft a consent order for incorporation into the final judgment.
Attending the Final Hearing (If Applicable)
If proceeding by live hearing:
✔ Schedule on Civil Calendar
Your hearing must be scheduled through the family court coordinator in Buncombe County.
✔ Appear on Time with Required Documents
Bring two copies of the proposed Judgment, a file-stamped copy of the Complaint, and proof of service.
✔ Answer Questions from the Judge
You may be asked to confirm:
- The date of separation
- That you want the divorce
- That you’ve reviewed the judgment
- That your spouse was served properly
Final Judgment Entry
Once the judge signs the Judgment of Absolute Divorce:
✔ File the Judgment with the Clerk
The court file is officially closed, and the divorce is final.
✔ Obtain Certified Copies
Request at least one certified copy for name change purposes, Social Security updates, and recordkeeping.
Post-Divorce Checklist
Once the divorce is final, take these steps to ensure your legal and financial documents are up to date.
✔ Update Legal Records
- Social Security Administration
- NC DMV for driver’s license
- Passport
- Bank accounts and financial institutions
- Insurance policies
- Retirement accounts and beneficiaries
- Healthcare providers
✔ Execute Terms of Separation Agreement
Transfer property, refinance loans, update deeds, and handle support payments as agreed.
✔ Modify Estate Planning Documents
Update wills, powers of attorney, and healthcare directives if needed.
Frequently Asked Questions (FAQ)
Do I need a lawyer to file an uncontested divorce in Asheville?
Not legally, but working with an Asheville uncontested divorce attorney reduces the risk of delays, rejected filings, and unenforceable agreements.
Can we finalize our divorce without going to court?
Yes. Many uncontested divorces are finalized through summary judgment without a live hearing.
What happens if my spouse won’t sign the separation agreement?
You cannot proceed as uncontested. You may need to file for equitable distribution and move into a contested track.
What if we forget to divide a retirement account?
It remains undivided. If no claim for equitable distribution is filed before the divorce is granted, you may lose your right to divide it later.
Can I resume my maiden name through the divorce?
Yes, if you request it in the complaint and include the appropriate language in the final judgment.
Do we have to agree on everything to file uncontested?
Yes. Any dispute over custody, support, or property prevents the case from being classified as uncontested.
How long does the process take?
Once filed and served, an uncontested divorce can be finalized in 6 to 8 weeks, assuming no complications.
What if my spouse doesn’t respond after being served?
If 30 days pass and there’s no response, you may proceed with summary judgment or a hearing.
What if we’ve been separated for more than a year but never formalized it?
You don’t need a formal separation agreement to file. The 12-month period is based on physical separation and intent to remain apart.
Can we use the same attorney?
No. Only one spouse can be represented. The other may review documents independently or proceed without counsel.
Finalizing an uncontested divorce in Asheville requires more than agreement—it requires precision. From verifying residency and drafting enforceable agreements to properly filing forms and attending court (if needed), every step matters. A missed detail can delay the process or leave critical issues unresolved.
Working with an experienced Asheville uncontested divorce attorney ensures that your case is handled correctly from the outset. With the right legal support, you can move forward with confidence, knowing your divorce is complete, enforceable, and tailored to your needs.
The McKinney Law Group: Experienced Divorce Representation for Asheville Residents
At The McKinney Law Group, we provide compassionate and knowledgeable divorce services for individuals and families in Asheville and the surrounding areas. Whether your case is contested or uncontested, our goal is to protect your interests and help you move forward with clarity and confidence.
We assist with:
✔ Equitable distribution of assets, property, and debts
✔ Spousal support (alimony) tailored to your financial situation
✔ Child custody and parenting agreements focused on your child’s best interests
✔ Efficient handling of uncontested divorces in Buncombe County
✔ Post-divorce modifications and legal enforcement when needed
Let us guide you through this transition with strength and respect.
Call 828-929-0642 or email [email protected] to schedule your Asheville divorce consultation today.