Can I file for default divorce in North Carolina?

Yes, you can file for a default divorce in North Carolina. The state allows for a no-fault or fault grounds. A no-fault divorce means that there is no blame assigned to either spouse. However, a fault divorce or fault divorce requires the spouse seeking the divorce to assign blame or reasons for the divorce to their spouse, according to Nolo. However, North Carolina divorce laws also define guidelines to whether the divorce is agreed upon. When both spouses agree to the terms of the divorce it’s considered an agreed divorce. A default divorce happens when one spouse doesn’t sign the divorce papers. In fact, in a default divorce, the spouse doesn’t have to do anything at all concerning the divorce such as respond to the petition or negotiate a settlement. In North Carolina, the laws allow the person suing for the divorce to have whatever he or she asked for in the original divorce paperwork.

Typically, the spouse filing for the divorce must be able to show that the spouse personally received the divorce papers. Nevertheless, the divorcing spouse may want to wait a couple months beyond the North Carolina waiting period to file for a default divorce. This is because the spouse may decide to change his or her mind and participate in the divorce.

A default divorce in North Carolina is complex. Thus, it may help a spouse planning to file a default divorce to find out more about the law by consulting a divorce lawyer.