An uncontested divorce is often described as a faster, more efficient alternative to litigation—but even the smoothest divorces follow a legally mandated process. In Asheville, this process includes timelines that are dictated by North Carolina statutes, court scheduling procedures, and necessary waiting periods. Knowing what to expect and when can help couples move through the system with confidence and clarity.
Whether you’re preparing to file or have already begun, it’s important to understand how each phase unfolds—from separation to final judgment. This week-by-week and month-by-month timeline is designed to help you visualize the typical flow of an uncontested divorce in Buncombe County, and how working with an experienced Asheville uncontested divorce attorney can keep everything on track.
Month 0: Confirm Legal Eligibility
Before filing any paperwork, both spouses must ensure that North Carolina’s requirements for divorce are met.
✔ One-Year Separation
Spouses must live separate and apart for at least 12 consecutive months. This means maintaining separate residences with no reconciliation during that time.
✔ North Carolina Residency
At least one spouse must have lived in North Carolina for at least six months before filing. If filing in Asheville, one spouse should reside in Buncombe County.
This period of separation must be fully completed before filing begins. No legal paperwork can accelerate this requirement.
Month 1: Prepare and File the Divorce Complaint
Once the separation and residency criteria are met, the legal process begins.
Week 1: Document Gathering and Agreement Finalization
Couples should gather relevant documentation, including:
- Marriage certificate
- Property deeds or titles
- Mortgage and loan documents
- Retirement and financial statements
- Proof of income
- Insurance policies
- Parenting agreements (if applicable)
If the parties are amicable, this is the time to finalize a separation agreement, outline property division, confirm child custody and support terms, and resolve all financial matters. These agreements are usually drafted and notarized with the help of an Asheville uncontested divorce attorney.
Week 2: Filing the Complaint
The filing party (plaintiff) completes and submits:
- Complaint for Absolute Divorce (AOC-CV-100)
- Civil Summons
- Domestic Civil Action Cover Sheet
- Verification (notarized)
- Servicemembers Civil Relief Act Affidavit
- Certificate of Absolute Divorce (DHHS 2089)
These documents are filed with the Buncombe County Clerk of Court.
Filing Fee: $225 (subject to change)
Month 2: Serve the Other Spouse
After filing, the other spouse (defendant) must be formally served.
Week 5: Service of Process
Service may be completed via:
- Sheriff’s service ($30 fee)
- Certified mail with return receipt
- Waiver and Acceptance of Service (notarized)
The method of service affects the timeline. The defendant has 30 days from the date of service to respond. If a waiver is signed, the process may move more quickly.
Week 6: Proof of Service
Once served, a return of service (or signed waiver) is filed with the Clerk’s office. The 30-day response period begins upon successful service.
Month 3: Wait for the Mandatory Response Period
North Carolina law requires a 30-day waiting period after service before a judge can finalize a divorce.
Week 7–9: Draft Final Documents
During this waiting period, you or your Asheville uncontested divorce attorney can prepare:
- Motion for Summary Judgment or Notice of Hearing
- Affidavit of Testimony (if proceeding by summary judgment)
- Proposed Judgment of Absolute Divorce
- Final draft of the separation agreement (if not yet completed)
- Parenting plan and child support worksheet (if children are involved)
All documents should be notarized, accurate, and aligned with court standards.
Month 4: Finalize the Divorce
Once the 30-day waiting period has passed and all documents are prepared, the divorce can be finalized.
Week 10–12: Submit Final Paperwork or Attend Hearing
There are two ways to finalize an uncontested divorce in Asheville:
Option 1: Summary Judgment (No Hearing)
- Motion for Summary Judgment is filed with an Affidavit of Testimony
- Judge reviews documents in chambers
- Divorce is granted without court appearance
This is the preferred route for many couples, especially if all terms are resolved and the paperwork is in order.
Option 2: Scheduled Hearing
- A court date is requested
- Plaintiff appears before the judge
- Judge asks basic questions to confirm separation and agreement
- Judgment is signed in court
Live hearings are short—usually under 10 minutes—but scheduling depends on the court calendar.
What Happens After the Judgment?
Week 13: Certified Copy of Judgment
Once the judge signs the Judgment of Absolute Divorce:
- The document is filed with the Clerk
- A certified copy may be requested ($10 fee)
- Certified copies are used for name changes, record updates, etc.
Week 14–16: Update Legal and Financial Records
After the divorce is final, you should update:
- Social Security Administration
- NC DMV (driver’s license and title updates)
- Passport and voter registration
- Banks and financial accounts
- Insurance policies
- Beneficiaries on retirement accounts
- Estate planning documents (will, power of attorney, etc.)
Your Asheville uncontested divorce attorney can assist with any name change orders, deed transfers, or benefit-related filings if required.
Optional Steps: Incorporating the Separation Agreement
A separation agreement may be:
- Incorporated into the final judgment (enforceable by contempt)
- Left as a private contract (enforceable through breach of contract claims)
If the agreement is incorporated, a copy must be submitted to the court. Judges in Asheville will review the agreement for fairness and clarity before incorporating it.
Summary Timeline at a Glance
| Week | Action |
|---|---|
| 1 | Confirm eligibility, gather documents, finalize agreements |
| 2 | File complaint with Clerk of Court |
| 3–4 | Serve the defendant |
| 5 | File proof of service, prepare judgment paperwork |
| 6–9 | Mandatory 30-day waiting period |
| 10–12 | Submit Motion for Summary Judgment or attend hearing |
| 13 | Judge signs Judgment of Absolute Divorce |
| 14–16 | Update personal and legal records |
Factors That Can Delay the Timeline
Even in uncontested cases, certain issues may slow the process:
- Incomplete or incorrect paperwork
- Improper service of process
- Delays in notarization or document preparation
- Scheduling conflicts for hearings
- Disputes that arise mid-process
- Missing or vague separation agreements
- Incorrect child support calculations
Working with an experienced Asheville uncontested divorce attorney minimizes these risks and helps keep your case on schedule.
How to Speed Up the Process Without Cutting Corners
Here are tips to streamline your uncontested divorce:
- Agree on all major issues before filing
- Use a flat-fee attorney to prepare documents correctly
- Choose summary judgment if available
- Have your spouse sign an acceptance of service
- Notarize documents early
- Provide accurate financial disclosures
- Use electronic filing where available
- File during periods of low court congestion (ask your attorney)
Time savings often come down to preparation and cooperation. The more organized you are, the faster things move.
Frequently Asked Questions (FAQ)
How long does an uncontested divorce take in Asheville from start to finish?
Most uncontested divorces in Asheville take 6 to 8 weeks after the complaint is filed and service is completed. Delays may occur if documents are incomplete or not filed on time.
Do I have to attend court for an uncontested divorce?
Not always. Many cases are finalized through a Motion for Summary Judgment, which does not require a court appearance if all paperwork is complete.
What happens if my spouse doesn’t respond after being served?
If your spouse does not file an answer or appear, and service was valid, you may proceed after the 30-day waiting period. The court can grant the divorce without their participation.
Can we speed up the process if we’ve already been separated for over a year?
Yes. If the 12-month separation is complete and the other spouse cooperates, you can file and finalize quickly—often within 6 weeks.
Can we get divorced faster if we don’t have children or property to divide?
Usually, yes. Fewer complications mean fewer documents to prepare and less court scrutiny, which shortens the overall timeline.
Is there a waiting period after the divorce is granted?
No. Once the judge signs and files the Judgment of Absolute Divorce, the divorce is final. You can remarry or change your legal documents immediately.
Does the 30-day waiting period after service apply in every case?
Yes. It is required by North Carolina law and gives the defendant time to respond. You cannot request a judgment until this period expires.
Can both spouses file the divorce together?
No. One spouse must be the plaintiff and the other the defendant. However, if both agree, the process remains uncontested.
What if we want to incorporate our separation agreement?
You may do so at the time of final judgment. Your Asheville uncontested divorce attorney will prepare the necessary documents and ensure the court approves the incorporation.
Can we do this without a lawyer?
Legally, yes—but mistakes are common in DIY cases. An Asheville uncontested divorce attorney ensures that all documents are prepared correctly and that the divorce is finalized without delay or error.
An uncontested divorce in Asheville follows a clear and manageable timeline—but only if you stay organized and meet all court requirements. From confirming eligibility to updating records after the final judgment, every step has a place in the process.
By working with a trusted Asheville uncontested divorce attorney, you gain both clarity and efficiency. The legal side of divorce shouldn’t be a mystery. With proper planning and support, you can move through it with confidence—on schedule and with no loose ends.
The McKinney Law Group: Stress-Free Uncontested Divorce for Asheville Couples
At The McKinney Law Group, we help Asheville couples avoid the stress of court battles by providing low-conflict, efficient uncontested divorce solutions that respect your time and peace of mind.
We assist with:
✔ Preparing and filing all divorce paperwork
✔ Ensuring agreements meet North Carolina legal standards
✔ Finalizing your divorce without unnecessary delays
✔ Handling parenting agreements and spousal support when applicable
✔ Keeping your case simple, straightforward, and affordable
Call 828-929-0642 or email [email protected] today.