Divorce can be emotionally and logistically complex. Many people associate the process with courtroom drama, cross-examination, and public testimony. However, in Asheville, it is often possible to finalize a divorce without ever setting foot in a courtroom or testifying under oath in front of a judge.
This reality is welcome news for individuals who value their privacy, want to avoid confrontation, or simply want to finalize their divorce in a more efficient manner. Through the use of summary judgment and carefully prepared affidavits, the divorce process can be streamlined while still complying with all legal requirements.
This guide explores how summary judgment works, how affidavits replace in-person testimony, and how an experienced Asheville divorce lawyer can help you navigate the process from start to finish. It also addresses common concerns and outlines the key procedural steps to help you understand whether this path is right for you.
The Basics of No-Testimony Divorce in North Carolina
In North Carolina, a divorce may be granted based on one simple ground: one year of separation. If both spouses have lived apart for at least twelve consecutive months with at least one party intending the separation to be permanent, the court has the authority to grant an absolute divorce. No one has to prove wrongdoing or fault.
Importantly, if the case involves no disputes about property division, alimony, or child custody, the final divorce decree can be issued through a streamlined legal process that does not require live courtroom testimony. Instead, the requesting party may file a motion for summary judgment, supported by sworn affidavits.
This option provides a powerful benefit to people who want to maintain control over the process. It allows for a quiet resolution and removes the anxiety of appearing in court or being questioned under oath.
What Is Summary Judgment in Divorce?
Summary judgment is a legal procedure that allows a judge to decide a case without a full trial. In civil matters such as divorce, a party may move for summary judgment when there are no material facts in dispute. In the context of an uncontested divorce, this means both parties agree—or at least do not dispute—that they have lived separately for one full year and that they intend to end the marriage.
The motion for summary judgment is filed with supporting documents, including an affidavit that affirms the legal grounds for divorce and compliance with all procedural requirements. If the court finds the affidavit and paperwork to be in proper order, the judge may sign the divorce decree without ever requiring in-person testimony.
This process can be especially valuable for clients who live out of state, travel frequently for work, or have health conditions that make appearing in court difficult. An Asheville divorce lawyer can help draft and file the necessary documents to pursue this route.
The Role of Affidavits in Avoiding Testimony
The affidavit takes the place of live courtroom testimony. It is a sworn, written statement made under penalty of perjury, and it must contain specific information required by the court.
To satisfy the statutory requirements, the affidavit typically includes:
- Confirmation that the parties have lived apart continuously for at least twelve months
- A statement that at least one spouse intended the separation to be permanent
- Evidence that the plaintiff is a resident of North Carolina and has lived in the state for at least six months before filing
- Acknowledgment that the marriage is irretrievably broken
- Identification of the date of separation
The affidavit may also affirm that there are no pending claims for equitable distribution or alimony, or that such claims have been resolved through a separation agreement or other means. If applicable, the affidavit must state that no minor children are involved, or that custody issues are being handled separately.
The affidavit is signed in front of a notary and then filed with the court along with the motion for summary judgment. An experienced Asheville divorce lawyer will ensure that the affidavit includes all necessary elements and complies with the requirements of Buncombe County courts.
Why Summary Judgment Is Allowed in Divorce
North Carolina law provides flexibility in the handling of uncontested divorces. The use of summary judgment in these cases helps the court system function more efficiently by avoiding unnecessary hearings. When there is no genuine dispute about the material facts, there is no need for testimony or trial.
This approach also benefits parties who are cooperative, respectful, or simply ready to move on. It enables a smoother process, shortens the timeline, and reduces stress.
It is important to understand that summary judgment is not a loophole or shortcut. The requirements must still be met, and the paperwork must be properly prepared and filed. An Asheville divorce lawyer will ensure that all procedural safeguards are followed, and that the final decree is legally sound.
Common Scenarios Where Summary Judgment Works Well
Not every divorce is suited for this approach, but many are. Summary judgment may be a viable option if:
- You and your spouse have no children or have already resolved custody separately
- There are no pending claims for property division or alimony
- You and your spouse are on reasonably amicable terms
- One or both of you wish to avoid appearing in court
- One party is unavailable due to work, military service, or medical reasons
Each case must be evaluated individually. Even if you and your spouse have some unresolved matters, you may still be able to finalize the divorce through summary judgment while handling other issues separately. A seasoned Asheville divorce lawyer will help you assess your options.
Procedural Steps for Divorce by Summary Judgment
The process of obtaining a divorce through summary judgment follows a series of structured steps. Here is how it typically unfolds:
1. File the Divorce Complaint
The plaintiff (the person initiating the divorce) must file a complaint with the clerk of court. This document sets forth the grounds for divorce—typically one year of separation—and outlines basic information about the marriage and separation.
The complaint is filed in the county where either party resides. In Asheville, this means Buncombe County.
2. Serve the Defendant
After filing, the plaintiff must ensure that the defendant is properly served with the complaint and summons. Service may be accomplished by sheriff, certified mail, or publication (if the defendant cannot be located).
Proof of service must be filed with the court.
3. Wait the Required Time
Once the defendant has been served, the plaintiff must wait 30 days before moving forward. This gives the defendant time to respond, though in uncontested cases, no response may be filed.
After the 30-day window, the plaintiff may proceed.
4. Prepare the Motion for Summary Judgment
The plaintiff then prepares a motion for summary judgment, supported by a sworn affidavit. This affidavit is key and must include all elements required to establish the legal basis for divorce.
Other supporting documents may include:
- Proposed judgment of absolute divorce
- Certificate of absolute divorce (vital records form)
- Any prior separation agreements, if applicable
Your Asheville divorce lawyer will ensure that each document is accurate and complete.
5. File the Motion and Affidavit
The completed motion and supporting documents are filed with the court. In Buncombe County, this can often be done electronically or by mail, depending on the local rules in effect.
6. Submit for Judicial Review
Once filed, the judge will review the documents. If everything is in order, and the affidavit adequately supports the request, the judge may sign the judgment without a hearing.
Some counties may require a brief hearing or calendar call, but in Buncombe County, the process can frequently be completed entirely on the papers.
Special Considerations in Buncombe County
Each county in North Carolina may interpret procedural rules slightly differently. While the statewide laws are consistent, Buncombe County may have specific filing requirements or preferences regarding affidavit language.
As an Asheville divorce lawyer familiar with local court preferences, your attorney will tailor the filings accordingly. For example, some judges may prefer affidavits to contain certain language verbatim from the statute. Others may require certifications or specific formatting.
Compliance with local procedure is essential. Mistakes or omissions can result in delays or rejection of the request. This is why retaining a lawyer with experience in Asheville is highly recommended.
Privacy and Dignity in the Divorce Process
For many individuals, avoiding a public hearing is not just about convenience. It is about dignity and privacy. Divorce often involves sensitive personal issues, and the thought of discussing one’s marital history in open court is uncomfortable at best.
By handling the process through affidavits and summary judgment, parties can avoid the emotional strain of public testimony. The process remains civil, quiet, and legally valid. It protects personal boundaries while still achieving a permanent legal end to the marriage.
An Asheville divorce lawyer will handle your matter with discretion and respect, ensuring that your rights are preserved and your dignity maintained.
When Summary Judgment Is Not an Option
There are circumstances where summary judgment will not be appropriate. For example:
- If one party contests the facts alleged in the complaint
- If equitable distribution or alimony is unresolved and must be decided by the court
- If custody or child support issues remain active and unresolved
- If the separation period is not yet complete
- If proper service cannot be accomplished
In these situations, the court may require a hearing. That does not mean a full trial is necessary, but testimony may be required on specific points. An Asheville divorce lawyer will help you determine whether summary judgment is realistic in your case and, if not, will develop an alternative strategy that minimizes courtroom exposure.
Benefits of a Lawyer-Handled Divorce by Affidavit
Many clients underestimate the complexity of legal paperwork. While summary judgment may seem like a simple path, every document must be legally precise. One missing signature, incorrect date, or ambiguous statement can derail the process.
Working with an Asheville divorce lawyer ensures:
- All documents are prepared according to current court rules
- Affidavits include all necessary elements
- The motion is properly filed and calendared
- Follow-up is handled with the clerk or judge if needed
- Issues are anticipated and addressed before they become obstacles
The goal is to secure a valid, binding divorce decree without unnecessary exposure or delay. The right legal guidance makes that possible.
FAQ: Divorce Without Testimony in Asheville
Can I get divorced in Asheville without ever going to court?
Yes. If your case is uncontested and meets all the statutory requirements, the court can grant a divorce through summary judgment based on a sworn affidavit. You do not need to testify.
What is the difference between an affidavit and testimony?
An affidavit is written testimony, sworn under oath and signed before a notary. It carries the same legal weight as spoken testimony in court.
Does my spouse have to agree to the divorce?
No. As long as you have been separated for one year and your spouse was properly served with the divorce complaint, you may proceed without their signature or agreement.
Do we need to divide property before the divorce is granted?
Not necessarily. If neither party files a claim for equitable distribution before the divorce is finalized, that claim is permanently waived. It’s important to address property division beforehand or include it in a separate agreement.
Can we still file for custody or support after the divorce?
Yes. Child custody and child support are not affected by the divorce decree and may be pursued separately at any time.
Is a hearing ever required for a summary judgment divorce?
Not usually in Buncombe County, but it depends on the judge. Some may require a brief appearance, while others allow the matter to be resolved entirely on the papers.
Can same-sex couples use this process?
Yes. North Carolina law applies equally to all married couples. The same rules for separation and summary judgment apply.
What if I live out of state?
As long as your spouse or you have lived in North Carolina for six months before filing, you may seek a divorce here. Your affidavit can be notarized out of state.
Do I need a lawyer to file for summary judgment?
You are not required to hire a lawyer, but the process can be confusing. A qualified Asheville divorce lawyer will prepare your documents correctly and make sure everything is filed and followed up properly.
How long does the process take?
After the 30-day waiting period following service, the motion for summary judgment can be filed. From there, a final divorce may be granted within days to weeks, depending on the court’s docket.
Divorce is difficult—but the legal process shouldn’t add to your stress. We help Asheville clients navigate divorce with a steady hand, sound strategy, and clear protection for what matters most.
Call 828-929-0642 or email [email protected] to schedule a consultation.