Uncontested Divorce in North Carolina: The Divorce Packet, Summary Judgment and the Clerk's Judgment
North Carolina family law · Last reviewed October 23, 2026
In North Carolina the divorce itself is rarely contested. The only question is whether you've been separated more than a year and one of you has lived here six months, and a spouse who disagrees about money or children fights those out in separate claims. So most absolute divorces are uncontested, and the court system gives you a free packet to do it yourself.
Which North Carolina divorce route fits your case?
A quick sort using G.S. 50-6, 50-10 and 50-11 and the court's divorce packet. A starting point, not advice.
Before you start: settle or file property and alimony
An absolute divorce ends claims that aren't already pending. "If no one files for spousal support before the absolute divorce is final, both parties forever lose the right to ask a court for alimony," and equitable distribution is lost the same way. The divorce packet warns, "If you get a divorce before you settle these matters, you may lose your rights!" Either settle property and support in a separation agreement or file those claims before the divorce is granted. "Child custody and child support claims are not affected by divorce."
The North Carolina Divorce Packet
The North Carolina Divorce Packet ("Prepared by the North Carolina Equal Access to Justice Commission Revised April 2026") has the forms and instructions for a divorce-only case. It's meant for people who have been separated at least a year, have six months' residency, and are "not interested in ever receiving alimony or spousal support" or in having property divided by the court. It can't be used for custody, child support, alimony or property division.
The packet's steps:
- Fill out the complaint, its verification, the summons, the domestic civil action cover sheet (AOC-CV-750) and the servicemembers declaration (AOC-G-250). See forms.
- File with the clerk of superior court and pay $225, or ask to proceed as an indigent. See cost.
- Serve your spouse, or have your spouse accept service.
- "Wait 30 days, then set date for Hearing", unless your spouse signed a waiver and answer.
- Go to court with the prepared judgment for the judge to sign. "in most circumstances, you will leave court with a copy of your divorce judgment."
Guide & File, the court's free online interview, can prepare absolute divorce papers for you.
Acceptance of service and the waiver and answer
A cooperating spouse can make it faster. An acceptance of service replaces formal service: "Acceptance of service by either method shall have the same force and effect as would exist had the process been served by delivery of copy and summons and complaint to the person signing the acceptance." A waiver and answer admits the complaint's allegations, and with it "the 30-day period for the Defendant to answer can be waived".
Read them before signing. The packet's acceptance has the defendant "hereby submit to the jurisdiction of the North Carolina General Court of Justice for all purposes," and its waiver says "The Defendant waives any further notice in this matter, and waives the right to a hearing."
Three ways to the judgment
| Route | When it fits | Who signs |
|---|---|---|
| Hearing before a judge | Any divorce case; the packet's route. The judge reviews the proof at a short hearing. | District court judge (AOC-CV-712 or the packet judgment) |
| Summary judgment | No real dispute about the facts. The judge can find them "from nontestimonial evidence presented by affidavit, verified motion or other verified pleading." | District court judge |
| Clerk's judgment | Divorce, or divorce plus a name change, is your only claim; your spouse defaulted, admitted the allegations, or waived the answer; your spouse isn't a minor or incompetent | Clerk of superior court (AOC-CV-710) |
Under G.S. 50-10, the clerk's route requires that "the defendant has been defaulted for failure to appear, the defendant has answered admitting the allegations of the complaint, or the defendant has filed a waiver of the right to answer". A summary judgment motion "shall be served at least 10 days before the time fixed for the hearing."
If your spouse doesn't answer
A divorce isn't automatic just because your spouse ignores the papers. The divorce facts "shall be deemed to be denied by the defendant, whether the same shall be actually denied by pleading or not", so they still have to be proved, by testimony, by the verified papers on summary judgment, or before the clerk. "Nothing herein shall require notice of trial to be given to a defendant who has not made an appearance in the action," but the packet still says the notice of hearing "must be delivered to the Defendant (your spouse) at least ten (10) days before the court date."
Before any judgment against a spouse who didn't appear, file the servicemembers declaration (AOC-G-250) showing whether your spouse is in the military.
If you can't find your spouse
Service by publication is allowed only for a spouse who "cannot with due diligence be served" by delivery or mail. The notice runs "once a week for three successive weeks" in a qualifying newspaper, and your spouse has 40 days from the first publication to respond. The packet calls publication expensive and a last resort. A spouse served by publication who never appeared gets six months after the judgment to file for equitable distribution.
Frequently asked questions
Can I get an uncontested divorce in North Carolina without a lawyer?
Yes. The court's free divorce packet and Guide & File are built for it, as long as you aren't asking the court for property division, alimony, custody or child support in the same case.
Do I have to go to court for an uncontested divorce in North Carolina?
Often there's a short hearing before a judge. If divorce (and a name change) is your only claim and your spouse waived the answer or defaulted, the clerk can enter the judgment, and a judge can grant summary judgment on verified papers.
What if my spouse won't sign the divorce papers?
Your spouse doesn't have to sign or agree. Serve your spouse; after 30 days without an answer you can move ahead, though the facts must still be proved.
How long does an uncontested divorce take in North Carolina?
After the year of separation, about 30 days for the answer period plus however long your county takes to set a hearing. With a signed waiver and answer, you can set the hearing sooner.
Does an uncontested divorce settle property and custody?
No. The divorce only ends the marriage. Property and alimony must be settled or filed before the divorce; custody and child support can be decided before or after.