If you and your spouse agree on the major terms of your separation—like property division, custody, and support—an uncontested divorce may be the smoothest path forward. For couples in Buncombe County, understanding the process for filing an uncontested divorce is essential for saving time, money, and emotional energy. This comprehensive guide walks you through each step of the process, from preparing your paperwork to finalizing your judgment, all with the help of an experienced Asheville uncontested divorce lawyer.
Understanding the Basics of Uncontested Divorce in North Carolina
In North Carolina, all divorces—contested or uncontested—must meet the same statutory requirement: the spouses must have lived separately and apart for at least one continuous year with the intent of at least one party for the separation to be permanent. There is no requirement to file for legal separation, and fault is not considered.
An uncontested divorce means both parties agree to dissolve the marriage and have settled all related matters such as:
- Division of assets and debts
- Spousal support or alimony
- Child custody and visitation
- Child support
An Asheville uncontested divorce lawyer can ensure that all agreements are properly memorialized in a separation agreement or consent order before the divorce is filed.
Step 1: Verify Eligibility to File in Buncombe County
Before beginning the filing process, confirm that at least one spouse has resided in North Carolina for at least six months prior to filing and that you have been physically separated for one year. If both criteria are met, and either spouse lives in Buncombe County, you may file in the Buncombe County Clerk of Court.
If you do not meet these requirements, your case may be delayed or dismissed. An Asheville uncontested divorce lawyer can help you verify residency and separation qualifications before proceeding.
Step 2: Prepare Required Forms and Documents
Filing for an uncontested divorce requires completing several forms. The essential documents include:
- Complaint for Absolute Divorce (AOC-CV-100)
- Civil Summons (AOC-CV-100)
- Domestic Civil Action Cover Sheet (AOC-CV-750)
- Servicemembers Civil Relief Act Affidavit
- Verification
- Notice of Hearing
- Judgment of Absolute Divorce
You can obtain the most up-to-date versions of these forms from the North Carolina Courts website or directly from the Buncombe County Clerk of Court. An Asheville uncontested divorce lawyer can prepare and review these for accuracy and completeness.
Link to NC Courts divorce forms:
https://www.nccourts.gov/help-topics/divorce/forms
Step 3: File the Complaint with the Clerk of Court
Bring the completed paperwork to the Buncombe County Courthouse:
Buncombe County Courthouse
60 Court Plaza, Asheville, NC 28801
Civil Division – 1st Floor
At the time of filing, you will need to pay the required fees:
- Filing fee for Complaint for Divorce: $225
- Service by sheriff (if needed): $30
- Certified copy of divorce judgment (optional): $10
If you cannot afford the filing fee, you may request to proceed as an indigent by completing Form AOC-G-106 (Petition to Proceed as an Indigent).
Step 4: Serve the Other Party
You must legally serve your spouse with a copy of the filed complaint and summons. In an uncontested divorce, your spouse will typically accept service, either formally or informally. Accepted methods of service include:
- Sheriff’s service: The Buncombe County Sheriff’s Office will attempt service and file a return of service.
- Certified mail with return receipt: Proof of service is established with a signed green card.
- Acceptance of service: Your spouse may sign an Acceptance of Service before a notary public.
- Waiver of service: Not required, but your spouse may waive formal service by signing a waiver.
Your Asheville uncontested divorce lawyer will help you choose the most efficient and compliant method based on your situation.
Step 5: Wait the Mandatory 30-Day Response Period
After service, your spouse has 30 days to file an answer or respond to the divorce complaint. In an uncontested case, your spouse may choose not to respond, or they may file an answer consenting to the divorce. If no response is filed within 30 days, you may proceed by filing a Motion for Summary Judgment or request a hearing.
During this period, many couples finalize the Separation Agreement or ensure that any Parenting Plan or Consent Orders are already signed and notarized.
Step 6: Schedule the Hearing (or File for Summary Judgment)
Once the 30-day period has passed, you can request a hearing date with the Buncombe County Family Court Coordinator. You may choose to proceed by:
- Uncontested divorce hearing before a judge
- Filing a Motion for Summary Judgment (if no hearing is requested)
If you elect to hold a hearing, you will file the Notice of Hearing and appear before the judge on your scheduled date. The hearing is typically very brief—often less than five minutes—and includes basic questions confirming the separation and desire to divorce.
You must bring:
- Two copies of the Judgment of Absolute Divorce
- Self-addressed stamped envelope (if you want the judge to mail you the signed judgment)
- A court file or prepared exhibits, if required
Many clients rely on an Asheville uncontested divorce lawyer to handle these procedural details and ensure that the judge approves the final judgment without unnecessary delays.
Step 7: Receive Your Divorce Judgment
Once the judge signs the Judgment of Absolute Divorce, your marriage is officially dissolved. You will receive a copy of the judgment, and the court will record the divorce in Buncombe County’s records.
If you need a certified copy for name changes or legal purposes, request one from the Clerk’s Office for a $10 fee.
Step 8: Update Your Legal and Financial Records
After the divorce is finalized, you should update the following:
- Name change (if applicable)
- Social Security records
- Driver’s license and passport
- Bank accounts, insurance policies, wills, and retirement accounts
An Asheville uncontested divorce lawyer can help you ensure all post-divorce steps are completed thoroughly, especially when it comes to enforcing separation agreements or modifying custody arrangements.
Why Hire an Asheville Uncontested Divorce Lawyer?
While uncontested divorces may appear simple, they still require strict compliance with local and state procedures. A mistake on a form, a missed deadline, or improper service can delay your case or cause it to be dismissed altogether.
Here’s how an Asheville uncontested divorce lawyer adds value:
- Prepares all forms correctly the first time
- Handles court filing and service of process
- Drafts enforceable separation agreements and custody terms
- Prepares for hearing or summary judgment filing
- Advises on asset protection and long-term legal effects
Even when both parties are cooperative, the legal system can be intimidating and technical. Hiring an Asheville uncontested divorce lawyer gives you peace of mind and keeps your case moving forward.
Sample Timeline for an Uncontested Divorce in Buncombe County
While every case is different, the following is a typical timeline:
- Day 1: File complaint and pay fees
- Day 2–5: Serve the other party
- Day 6–35: Wait for 30-day response period
- Day 36–45: Schedule hearing or file for summary judgment
- Day 45–60: Attend hearing and receive signed divorce judgment
This entire process often takes 6–8 weeks from start to finish, depending on the court’s docket and how quickly the other party responds.
Frequently Asked Questions (FAQ)
Can I file for an uncontested divorce in Asheville without a lawyer?
Yes, but doing so requires strict attention to filing rules and deadlines. An Asheville uncontested divorce lawyer can help avoid mistakes that might cost you time or money.
What happens if my spouse doesn’t respond after being served?
If no response is filed within 30 days, you can proceed with a Motion for Summary Judgment or request a hearing without their input.
Do I need to file a separation agreement with the court?
No, but it should be notarized and kept as a binding legal document. It may be submitted for enforcement or incorporated into a court order if needed.
How long do I have to live in North Carolina before I can file?
At least one spouse must have been a North Carolina resident for six months prior to filing for divorce.
Can we get divorced if we still live in the same house?
No. You must live separate and apart in different residences for one full year prior to filing.
Is mediation required for an uncontested divorce in Buncombe County?
Not for the divorce itself, but mediation may be useful or required for custody and property disputes.
How much does an uncontested divorce cost in Asheville?
Court fees total around $225–$265. Legal fees vary, but an Asheville uncontested divorce lawyer often charges a flat rate for uncontested filings.
Can I change my name as part of the divorce?
Yes, you may request a name change to your maiden or previous name within the divorce judgment.
Do I need to attend court in person?
Not always. Some cases can be resolved via summary judgment. Your lawyer can advise based on your specific situation.
Will the judge ask me questions at the hearing?
Yes, typically very simple ones—confirming your name, marriage date, date of separation, and desire to divorce.
If you’re ready to move forward with confidence, contact an experienced Asheville uncontested divorce lawyer today to make the process as smooth and efficient as possible.
The McKinney Law Group: Streamlined Uncontested Divorce Services in Asheville
Divorce doesn’t have to mean drawn-out court battles and emotional exhaustion. If you and your spouse agree on the terms, an uncontested divorce can offer a faster, more affordable, and less stressful path forward. At The McKinney Law Group, we help Asheville couples complete uncontested divorces with clarity, efficiency, and care.
We assist with:
✔ Drafting and filing all required court documents
✔ Dividing property, assets, and debts fairly and amicably
✔ Creating parenting plans and custody agreements (if applicable)
✔ Setting spousal support or waiving alimony when appropriate
✔ Navigating Buncombe County divorce procedures from start to finish
Let us guide you through the process so you can focus on what comes next.
Call 828-929-0642 or email [email protected] to schedule your Asheville uncontested divorce consultation.