Filing for an uncontested divorce in Asheville can be a relatively smooth process—when everything is in order. But if you’re not careful, even a minor error can result in your case being delayed, rejected, or dismissed altogether. Judges in Buncombe County review uncontested divorce filings with specific legal and procedural expectations. They are not obligated to approve your divorce just because both spouses agree. Instead, they must ensure that your paperwork is legally sufficient, properly completed, and consistent with North Carolina law.
As an experienced Asheville uncontested divorce lawyer, I understand what judges in Buncombe County expect from uncontested divorce filings and how to prepare them to avoid unnecessary delays. This blog post will walk you through the most common mistakes that get uncontested divorce filings rejected—and more importantly, how to avoid them.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree to the divorce and all the major terms that come with it—property division, alimony, child custody, child support, and debt allocation. In these cases, there’s no need for litigation or prolonged court involvement. However, even in an uncontested case, the court still plays a vital role in reviewing, approving, and finalizing your divorce.
That means your paperwork must meet very specific requirements. Judges are not rubber-stamping these filings—they are actively looking for compliance, completeness, and clarity. Working with an Asheville uncontested divorce lawyer helps ensure your documents meet the standards the court expects.
The Judge’s Role in Uncontested Divorce Cases
In an uncontested divorce, the judge’s job is to:
- Confirm the legal eligibility for divorce under North Carolina law
- Ensure all procedural requirements have been met (service, timelines, jurisdiction)
- Review any attached agreements for clarity and legal sufficiency
- Approve or reject child custody and support arrangements based on the child’s best interest
- Sign a final judgment that accurately reflects the parties’ intent and legal standing
Judges in Asheville may review dozens of divorce files each week. If yours contains errors, is missing a document, or includes confusing language, it will likely be rejected—causing delays and possibly requiring you to start over.
An experienced Asheville uncontested divorce lawyer understands what judges look for and how to present your filing in a way that keeps your case moving forward.
Top Reasons Judges Reject or Delay Asheville Uncontested Divorce Filings
Let’s take a closer look at some of the most common mistakes that cause judges in Buncombe County to delay or reject uncontested divorce cases—and how to avoid each one.
1. Missing or Incorrect Forms
North Carolina courts require a specific set of forms for every uncontested divorce. These include:
- Complaint for Absolute Divorce (AOC-CV-100)
- Civil Summons
- Domestic Civil Action Cover Sheet
- Verification
- Servicemembers Civil Relief Act Affidavit
- Judgment of Absolute Divorce
- Notice of Hearing or Motion for Summary Judgment
- Certificate of Absolute Divorce (DHHS 2089)
Omitting any of these—or submitting an outdated or unsigned version—can result in your filing being kicked back. Judges expect everything to be complete and current.
A seasoned Asheville uncontested divorce lawyer will make sure every required form is included and fully executed before submission.
2. Errors in Service of Process
Proper service of process is mandatory. If your spouse isn’t served according to court rules, your case can’t move forward.
Common mistakes include:
- Failing to serve the Complaint and Summons within the allowed timeframe
- Not using an approved method (e.g., sheriff, certified mail, or acceptance of service)
- Failing to file proof of service (e.g., return receipt or affidavit)
Judges carefully review service documentation to ensure that due process has been followed. An Asheville uncontested divorce lawyer will track service deadlines, use the correct method, and file the required proof with the Clerk of Court.
3. Incomplete or Vague Agreements
If your divorce involves a separation agreement, property division, or a custody arrangement, the judge must review the agreement to determine whether it is:
- Clear and unambiguous
- Voluntarily signed and notarized
- Legally enforceable
Agreements that are vague, poorly drafted, or silent on key issues like debt division or parenting schedules will raise red flags. A judge may refuse to incorporate the agreement or require revisions before finalizing the divorce.
Your Asheville uncontested divorce lawyer will draft a comprehensive agreement that anticipates judicial scrutiny and satisfies court requirements.
4. Issues with the Separation Requirement
To be eligible for divorce in North Carolina, spouses must have lived separate and apart for at least one continuous year. The judge will look for evidence of this, such as:
- A statement in the Complaint affirming the date of separation
- Sworn testimony or an affidavit confirming separate residences
If you haven’t met the separation requirement—or if your documentation is unclear—the judge will not finalize your divorce.
An Asheville uncontested divorce lawyer will verify your eligibility and document the separation date appropriately in all filings.
5. Problems with Child Custody or Support Terms
When minor children are involved, the judge has a legal obligation to review any custody and support arrangements to ensure they are in the child’s best interest.
Judges commonly reject agreements that:
- Lack a clear parenting schedule
- Fail to designate legal and physical custody
- Provide child support that deviates from state guidelines without explanation
- Omit health insurance or medical expense provisions
A court will not approve vague custody terms like “shared custody as agreed upon.” Judges want a detailed plan that’s enforceable and specific.
An Asheville uncontested divorce lawyer will prepare a parenting plan and child support worksheet that satisfies judicial review and aligns with state law.
6. Inaccurate or Incomplete Judgments
The Judgment of Absolute Divorce is the final document the judge signs to officially end your marriage. If this form is incorrect, your entire case may be delayed.
Common issues include:
- Misspelled names or incorrect dates
- Missing findings of fact
- Absence of a name change clause (if requested)
- Failure to indicate whether the separation agreement is incorporated
Your Asheville uncontested divorce lawyer will prepare the judgment carefully, double-check for errors, and ensure that it reflects the parties’ agreements and legal requirements.
7. Filing the Wrong Type of Motion
In uncontested cases, you can typically finalize your divorce either:
- By filing a Motion for Summary Judgment, or
- By attending a brief court hearing on your Notice of Hearing
Filing the wrong type of motion—or filing it too early or without the required affidavit—can confuse the court and cause delays.
An experienced Asheville uncontested divorce lawyer will choose the right path based on your circumstances and file the necessary documents correctly.
8. Failure to Include the Required Affidavits
Judges expect to see properly executed affidavits that support your request for divorce. These may include:
- Affidavit of Service
- Affidavit of Testimony (for summary judgment cases)
- Servicemembers Civil Relief Act Affidavit
If any affidavit is missing, unsigned, or not notarized, your case may be held up.
Your Asheville uncontested divorce lawyer ensures every affidavit is prepared, notarized, and filed exactly as the judge expects.
Frequently Asked Questions (FAQ)
Why would a judge reject my uncontested divorce filing?
Judges may reject your filing if it contains missing forms, incorrect service, vague agreements, or child-related terms that don’t meet legal standards.
How long does it take to finalize an uncontested divorce in Asheville?
Once all paperwork is filed and the 30-day service period has passed, most cases are finalized within 6–8 weeks—assuming no errors or delays.
What if my spouse doesn’t respond after being served?
You can proceed with the divorce after 30 days, either through a summary judgment motion or a hearing. Your Asheville uncontested divorce lawyer will guide you on the next steps.
Do judges review our separation agreement in an uncontested divorce?
Yes, especially if it is incorporated into the divorce decree. The judge will ensure the agreement is fair, legal, and properly executed.
What happens if our parenting plan is too vague?
The judge may refuse to approve it. You’ll need to revise the plan to include specific custody terms, a time-sharing schedule, and support details.
Can I go to the hearing without a lawyer?
Yes, but you’re responsible for filing and presenting everything correctly. Many self-represented parties face delays or rejection due to simple mistakes.
Is summary judgment better than a hearing?
Summary judgment is often faster and more convenient if done correctly. Your Asheville uncontested divorce lawyerwill help determine the best option.
Do I need to list every piece of property in the agreement?
Yes. Be thorough. Any asset or debt not listed may cause disputes later or be excluded from the agreement’s protections.
Can I finalize my divorce without ever going to court?
Yes, if your documents are filed correctly and you proceed through summary judgment. Many clients never set foot in the courtroom.
Should I hire a lawyer even if we agree on everything?
Absolutely. An Asheville uncontested divorce lawyer ensures your agreement is enforceable, your rights are protected, and your case is accepted by the judge.
Finalizing an uncontested divorce in Asheville may seem simple, but judges take their review seriously. They want to ensure that your case complies with state law, protects the rights of both spouses, and—if children are involved—reflects the best interests of the child.
Avoid the frustration of rejections, delays, and do-overs. Work with an experienced Asheville uncontested divorce lawyer who understands what judges look for and how to prepare a clean, accurate, and enforceable divorce package from start to finish.
The McKinney Law Group: Peaceful Divorce Solutions for Asheville Families
If you and your spouse agree on the key issues, an uncontested divorce may be the best path forward. The McKinney Law Group helps Asheville families navigate the process with compassion, professionalism, and efficiency.
We assist with:
✔ Agreement drafting and legal review
✔ Parenting plans and child support calculations
✔ Property division that meets your goals
✔ Quick processing and minimal court time
✔ Personalized legal support every step of the way
Call 828-929-0642 or email [email protected] to start today.