When a marriage comes to an end, one of the first questions people often ask is: how long will the divorce take? For couples in Asheville who are pursuing an uncontested divorce, the timeline can be significantly shorter than contested cases—but there are still key legal steps and mandatory waiting periods to navigate.
If you’re hoping to complete the divorce process as efficiently as possible, it’s essential to understand the timeline from start to finish. In this article, an experienced Asheville uncontested divorce lawyer breaks down the full process—including the required separation period, how quickly you can file, and how long it takes for the Buncombe County courts to finalize your case.
Understanding the Basics of Uncontested Divorce in North Carolina
North Carolina is a “no-fault” divorce state. That means a couple can seek a divorce without assigning blame or proving marital misconduct. However, even in a no-fault setting, the state has strict eligibility requirements before the court will grant a divorce:
- Separation Period: The spouses must live separate and apart for at least 12 consecutive months.
- Residency: At least one spouse must have lived in North Carolina for at least six months prior to filing.
Only after these requirements are met can you file for divorce in Buncombe County. An Asheville uncontested divorce lawyer can confirm your eligibility and help ensure that your timeline is on track before any paperwork is submitted.
The Timeline at a Glance
Although the exact duration of an uncontested divorce will vary depending on your circumstances, a typical timeline in Asheville may look like this:
- Separation period: 1 year (mandatory)
- Filing and service of complaint: 1–2 weeks
- Waiting period after service: 30 days
- Final hearing or summary judgment: 2–4 weeks after the waiting period
From the date you file your complaint, the process can take as little as 45–60 days, assuming no delays and full cooperation between the spouses. But when you account for the mandatory one-year separation, the full divorce process often spans 14–15 months in total.
Let’s explore each stage in detail.
Stage 1: Mandatory Separation Period (12 Months)
North Carolina law requires that spouses live “separate and apart” for at least one full year before they can legally file for divorce. This separation must be physical and residential—simply sleeping in different rooms under the same roof does not count.
To start the clock on your separation:
- One spouse must move out of the marital residence.
- There must be an intent for the separation to be permanent.
- The separation must be continuous—brief periods of reconciliation can reset the clock.
This one-year period is non-negotiable. Even if both parties agree on all divorce terms, the court will not grant a divorce until 12 full months have passed. An Asheville uncontested divorce lawyer can help you document your date of separation to avoid disputes or delays.
Stage 2: Filing the Divorce Complaint
Once the 12-month separation period has been met, either spouse may file a Complaint for Absolute Divorce in Buncombe County. This begins the formal court process.
Required Forms Include:
- Complaint for Divorce (AOC-CV-100)
- Civil Summons (AOC-CV-100)
- Domestic Civil Action Cover Sheet
- Verification and Notarized Signature
- Affidavit of Service Members Civil Relief Act
An Asheville uncontested divorce lawyer will prepare these forms on your behalf, ensuring accuracy and avoiding clerical mistakes that could delay your case.
Where to File:
Buncombe County Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801
Filing Fees:
- Complaint filing fee: $225
- Service by sheriff (if needed): $30
- Certified copy of divorce judgment: $10
Fee waivers are available for those who qualify as indigent.
Stage 3: Serving the Other Spouse (1–7 Days)
After filing, you must legally serve your spouse with a copy of the divorce papers. This step notifies the other party and begins the court’s 30-day waiting period.
Service Options:
- Sheriff’s service: Delivers the complaint directly to your spouse at their home or workplace.
- Certified mail with return receipt: You must file the green card as proof of service.
- Acceptance of service: Your spouse may sign a notarized acceptance form.
- Publication: Rare, used when a spouse cannot be located.
Once service is completed, your Asheville uncontested divorce lawyer will file an Affidavit of Service to document the process with the court.
Stage 4: Waiting Period (30 Days)
After service is complete, the law requires a 30-day waiting period before the court can act on your divorce. This gives the served spouse time to respond or contest the complaint.
In an uncontested divorce, your spouse will typically do one of the following:
- File a written answer consenting to the divorce
- Do nothing, allowing the 30-day period to expire
No court hearing can be scheduled until this 30-day period has passed. Your Asheville uncontested divorce lawyer will track the deadline and prepare the next steps accordingly.
Stage 5: Scheduling the Final Hearing or Motion for Summary Judgment
Once the 30-day period expires, you have two options to finalize your divorce:
1. Request a Hearing
Your attorney will file a Notice of Hearing and schedule a short court appearance before a Buncombe County judge. The hearing typically lasts 5–10 minutes and includes a few questions to confirm your eligibility.
2. File a Motion for Summary Judgment
In many uncontested cases, there is no need to attend court at all. Instead, your Asheville uncontested divorce lawyer can file a Motion for Summary Judgment along with an affidavit of testimony. If the judge approves the motion, your divorce is granted without a hearing.
Either option can finalize the divorce within 1–2 weeks after the waiting period ends—assuming the judge has availability on the docket.
Stage 6: Judgment of Absolute Divorce
Once the judge signs your Judgment of Absolute Divorce, your marriage is officially dissolved. Your lawyer will obtain a certified copy for your records, which you’ll need if you plan to:
- Change your name
- Remarry
- Update legal or financial records
Congratulations—you’re now legally divorced. The entire process, from the date of filing, often takes 6–8 weeks in an uncontested case.
Common Delays in the Asheville Divorce Timeline
While the process can be relatively quick, there are several factors that can delay an uncontested divorce:
Incomplete or Incorrect Paperwork
Errors in your complaint, summons, or affidavits can result in court rejections or the need to re-file. Working with an Asheville uncontested divorce lawyer minimizes this risk.
Problems with Service
If your spouse cannot be located or refuses to accept service, additional time may be needed for alternative service methods.
Disagreements That Arise Mid-Process
Occasionally, a case that begins uncontested becomes contested due to disagreements over custody, support, or property. This shifts the case into a more complex track.
Court Scheduling Backlogs
Although Buncombe County is generally efficient, scheduling delays may occur depending on court volume or judicial availability.
Tips for Speeding Up the Process
- Start preparing your paperwork early—don’t wait until the 12-month mark to begin.
- Gather financial documents in advance if you plan to submit a separation agreement.
- Choose summary judgment when possible to avoid waiting for a court date.
- Work with an experienced Asheville uncontested divorce lawyer to avoid technical delays.
Why Hire an Asheville Uncontested Divorce Lawyer?
Even in simple divorces, legal errors and procedural missteps can cause unnecessary delays. A seasoned Asheville uncontested divorce lawyer provides:
- Accurate preparation and filing of all court documents
- Efficient service of process
- Monitoring of deadlines and court dates
- Filing of summary judgment motions when available
- Legal review of your separation agreement and custody arrangements
Hiring a lawyer can mean the difference between a smooth 6-week process and a frustrating 6-month ordeal.
Post-Divorce Considerations
Once your divorce is final, it’s time to take care of post-divorce tasks:
- Update legal documents (will, power of attorney, health care directives)
- Notify financial institutions and update account information
- Change your name on government records, if applicable
- Execute the terms of your separation agreement
If you fail to follow through on these items, it can lead to legal or financial complications. Your Asheville uncontested divorce lawyer can help you transition through this next phase.
Frequently Asked Questions (FAQ)
Can I file for divorce before the one-year separation period ends?
No. North Carolina requires at least 12 full months of physical separation. Filing early will result in dismissal.
Does it matter who files first?
In uncontested cases, it usually makes no difference. However, the filing party controls the timeline and presentation of documents.
How long after filing can my divorce be finalized?
Typically, 6 to 8 weeks after filing—assuming no service issues or disputes.
Can I speed up the 12-month separation period?
No. The law mandates a full year, with no exceptions for mutual agreement or urgency.
Is a hearing required in every uncontested divorce?
No. Many divorces can be finalized through a Motion for Summary Judgment, which avoids court appearances.
How long does it take to serve my spouse?
If your spouse is cooperative and accepts service, it may take 1–2 days. Sheriff’s service can take up to a week.
Can I get divorced faster if we don’t have children or property?
While fewer issues can simplify the process, the one-year separation and 30-day post-service waiting period still apply.
Will I need to appear in court?
Not always. Your Asheville uncontested divorce lawyer can help you avoid court if your case qualifies for summary judgment.
What if my spouse doesn’t respond after being served?
If 30 days pass with no response, you may move forward with finalizing the divorce.
How long does it take to receive the signed judgment?
Usually within 1–2 weeks after the final hearing or approval of your summary judgment motion.
An uncontested divorce in Asheville doesn’t have to be a long, drawn-out ordeal—but it does require careful attention to legal requirements and timing. If you’re ready to move forward, the right Asheville uncontested divorce lawyer can guide you through the process with clarity, confidence, and efficiency.
The McKinney Law Group: Uncontested Divorce Services for Asheville Couples Seeking a Peaceful Resolution
If you and your spouse agree on the terms of your separation, an uncontested divorce can offer a smoother, faster, and more cost-effective way to move forward. At The McKinney Law Group, we help Asheville couples complete uncontested divorces with clarity, respect, and efficiency.
We assist with:
✔ Drafting and filing all necessary court documents
✔ Dividing property, assets, and debts by mutual agreement
✔ Creating parenting plans and custody arrangements, if applicable
✔ Determining or waiving spousal support (alimony)
✔ Navigating Buncombe County divorce requirements from start to finish
Let us simplify the process so you can focus on what’s next.
Call 828-929-0642 or email [email protected] to schedule your Asheville uncontested divorce consultation.