Is an Uncontested Divorce Right for You? Key Considerations for Asheville Couples

Is an Uncontested Divorce Right for You? Key Considerations for Asheville Couples

Not every divorce has to be adversarial. For many couples in Asheville, the most efficient and least stressful path forward is through an uncontested divorce. But while uncontested divorce can be more cost-effective and emotionally manageable, it’s not the right fit for everyone.

Understanding whether an uncontested divorce makes sense for your situation depends on several key factors—especially your ability to communicate, agree on major issues, and work cooperatively with your spouse throughout the process. If those conditions are met, an uncontested divorce handled by an experienced Asheville uncontested divorce attorney can save time, reduce costs, and keep the legal process moving forward with minimal conflict.

This article breaks down what defines an uncontested divorce, when it works well, when it may not, and what you need to know to decide whether this route is appropriate for your case.


What Is an Uncontested Divorce?

An uncontested divorce is one in which both spouses agree on all material terms related to ending the marriage. This includes:

  • The decision to divorce
  • Division of marital property and debts
  • Alimony or waiver of alimony
  • Child custody, visitation, and parenting plans (if applicable)
  • Child support and related expenses

If either spouse disputes any of these issues, the divorce becomes contested and may require mediation, negotiation, or litigation.

In an uncontested case, the parties typically sign a separation agreement that outlines the terms of the divorce, and one spouse files the complaint to begin the legal process. The judge then reviews the documents and issues a final decree once all statutory requirements are met.

Working with an Asheville uncontested divorce attorney ensures that your documents comply with North Carolina law, that your agreement is enforceable, and that your divorce proceeds without unnecessary complications.


Key Criteria That Make an Uncontested Divorce a Good Fit

Before pursuing an uncontested divorce, couples should evaluate whether they meet the core requirements that allow the process to work smoothly.

1. Mutual Desire to Divorce

The foundation of an uncontested divorce is agreement. If both spouses acknowledge that the marriage is over and are ready to move on, they are in a good position to proceed.

Couples who enter the process with differing intentions—such as one spouse still seeking reconciliation—may find that cooperation becomes difficult as paperwork is filed and decisions are made.

2. Agreement on All Major Terms

The most important practical requirement for an uncontested divorce is that both parties agree on:

  • How assets and debts will be divided
  • Whether spousal support will be paid and in what amount
  • Parenting time, custody, and legal decision-making for minor children
  • Child support obligations and payment structure

If you have not yet resolved these issues, you may still be able to pursue an uncontested divorce, but you will need to work through these points first—ideally with legal guidance.

An Asheville uncontested divorce attorney can help draft a clear separation agreement that reflects mutual decisions and avoids vague or unenforceable language.

3. Willingness to Communicate and Cooperate

Even in amicable divorces, emotions can run high. If both parties are willing to communicate respectfully and prioritize problem-solving over finger-pointing, the uncontested process will be significantly easier.

This includes:

  • Responding to communication in a timely manner
  • Providing financial documents and disclosures
  • Signing legal forms as needed
  • Attending required appointments or court hearings (if applicable)

Couples who cannot manage calm communication—even with attorney assistance—may struggle to finalize their divorce uncontested.

4. No History of Domestic Violence or Coercion

An uncontested divorce requires that both parties freely and voluntarily agree to the terms of the divorce. If one spouse feels pressured, intimidated, or fearful of retaliation, a fair agreement is unlikely.

In such cases, a contested or protective route is more appropriate, and legal representation becomes critical. The court cannot and should not accept an agreement that appears to be the result of coercion.

5. Transparent Finances

Full financial disclosure is key. If one spouse hides assets, refuses to share income information, or manipulates financial documents, the trust necessary for an uncontested divorce evaporates.

Spouses should be prepared to exchange:

  • Tax returns
  • Pay stubs or profit and loss statements
  • Retirement account information
  • Mortgage and credit card balances
  • Insurance and benefit documents

This level of transparency helps ensure that the separation agreement is fair, equitable, and enforceable. An Asheville uncontested divorce attorney will verify that disclosures are complete before moving forward.


When an Uncontested Divorce Might Not Be Right for You

Even with the benefits of speed, simplicity, and lower costs, uncontested divorce isn’t always the best option. In the following situations, a contested or semi-contested process may be more appropriate.

1. Significant Power Imbalance

If one spouse controls the finances, has access to all marital records, or has historically made unilateral decisions, the other spouse may feel unable to advocate for their needs. In such cases, even if there appears to be agreement, it may not be truly fair.

An attorney can level the playing field, ensure all issues are properly considered, and advocate for a settlement that reflects legal entitlements.

2. Complex Assets or Business Interests

Some couples have assets that are difficult to divide fairly without legal or financial expertise. These might include:

  • Closely held businesses
  • Stock options or executive compensation
  • Multiple real estate holdings
  • Mixed separate and marital property
  • Complex debt obligations

Even when spouses agree to “split everything,” dividing certain assets requires careful documentation and tax planning. An Asheville uncontested divorce attorney can help create agreements that reflect the true value and function of each asset.

3. Disagreement About Parenting or Custody

When children are involved, even minor disagreements can create long-term conflict. If one parent wants primary custody and the other wants equal time, the matter becomes contested by default.

Judges in North Carolina require parenting plans that:

  • Define legal and physical custody
  • Set out specific schedules
  • Assign responsibility for decision-making
  • Reflect the best interests of the children

Without agreement on these issues, the court may require custody mediation or further hearings.

4. One Spouse is Unwilling to Sign

The most common breakdown in uncontested cases happens when one spouse decides not to sign the agreement—even after initially agreeing. If your spouse changes their mind, refuses to participate, or becomes uncooperative, the case may need to shift to a contested posture.

In such cases, timely legal advice from an Asheville uncontested divorce attorney is essential to preserve your rights and pivot your case strategy.


Benefits of Choosing Uncontested Divorce When It’s a Fit

When both spouses qualify and are on the same page, uncontested divorce offers several benefits.

Lower Legal Costs

By eliminating court battles, an uncontested divorce significantly reduces attorney hours and related fees. Most Asheville uncontested divorce attorneys offer flat-fee pricing for these cases, allowing you to budget with clarity.

Faster Resolution

An uncontested divorce can be finalized within 6 to 8 weeks after filing, assuming the separation requirement is met and all paperwork is in order. Contested divorces, by contrast, can take months or years.

More Privacy

An uncontested divorce avoids public hearings, depositions, and formal discovery. Most paperwork is filed quietly with the Clerk of Court, and the agreement remains private unless incorporated into a public judgment.

Greater Control Over Outcomes

When couples decide terms together, they retain control. Judges don’t always rule the way you expect. An uncontested process allows you to shape your own future, rather than having it decided in a courtroom.


How to Prepare for an Uncontested Divorce

If you believe uncontested divorce is right for you, preparation is critical.

1. Gather All Financial Documentation

Before meeting with your attorney, collect:

  • W-2s or 1099s
  • Tax returns for the past 2 years
  • Mortgage statements
  • Bank account statements
  • Credit card and loan balances
  • Retirement and investment account statements

2. Draft a Preliminary List of Assets and Debts

Decide which items are separate and which are marital. Identify who will keep what and how joint liabilities will be resolved.

3. Create a Parenting Plan (if applicable)

Agree on:

  • Legal custody structure
  • Parenting schedule
  • Holidays and vacations
  • School and extracurricular arrangements
  • Child support contributions

An Asheville uncontested divorce attorney can provide a template that aligns with local court expectations.

4. Consider Spousal Support

Decide whether alimony will be waived or paid. If paid, determine:

  • Amount
  • Frequency
  • Duration
  • Modification or termination triggers

5. Discuss Incorporation of Agreement

Choose whether to:

  • Incorporate your separation agreement into the final divorce judgment (enforceable as a court order), or
  • Keep it as a separate contract (enforceable by civil action)

Your attorney will advise you on the pros and cons of each option.


Frequently Asked Questions (FAQ)

Can we change our mind after filing for an uncontested divorce?
Yes. If either party withdraws consent, the case may become contested. Claims must be preserved before the final judgment is entered.

Do we both need to hire attorneys?
No. One party may hire an attorney to prepare documents. The other may choose to proceed without representation or retain separate counsel.

Is uncontested divorce faster than contested divorce?
Yes. Most uncontested divorces are finalized within 6 to 8 weeks after service, while contested cases may take several months or longer.

What happens if we disagree on something halfway through?
Your case may convert to contested status. At that point, additional filings, discovery, or hearings may be required.

Do we need a court hearing for an uncontested divorce in Asheville?
Not always. Many cases are finalized via summary judgment without a hearing. An Asheville uncontested divorce attorney can determine the best route.

Can we waive child support in an uncontested divorce?
Only with judicial approval. North Carolina courts require child support to follow state guidelines or include justification for deviations.

Is an uncontested divorce legally binding?
Yes. Once the judge signs the final judgment and the agreement is properly executed, the terms are binding and enforceable.

What if our property division isn’t exactly 50/50?
That’s fine, as long as both parties agree and the division is fair. North Carolina follows equitable—not necessarily equal—distribution.

Do we need to attend mediation?
Not in uncontested cases. Mediation is only required when custody or other issues become contested.

How do we finalize everything?
Once all documents are signed, notarized, and filed, your attorney will submit a motion for summary judgment or schedule a hearing. The judge will review and enter the divorce decree.


Uncontested divorce is a powerful tool when both spouses are ready to end the marriage on respectful and cooperative terms. It offers flexibility, control, and a far more efficient process than traditional litigation. But it’s only the right choice when both parties meet the criteria for cooperation, agreement, and transparency.

With the help of a qualified Asheville uncontested divorce attorney, you can navigate the process with confidence—ensuring your agreement is enforceable, your rights are protected, and your divorce is finalized efficiently and correctly.

The McKinney Law Group: Uncontested Divorce Made Easy in Asheville, NC

Divorce doesn’t have to be complicated. At The McKinney Law Group, we help Asheville clients navigate uncontested divorces with professional support and efficient legal service every step of the way.

We help you with:
✔ Drafting and submitting the separation agreement
✔ Filing court documents accurately and promptly
✔ Finalizing custody, support, and property terms
✔ Keeping communication respectful and clear
✔ Avoiding unnecessary court appearances

Call 828-929-0642 or email [email protected] for a smooth, stress-free divorce experience.