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Contested vs. Uncontested Divorce in Durham County

Every divorce in Durham County begins the same way: a year and a day of living separately, in separate houses, with at least one partner intending for the separation to be permanent. Section 50-6 doesn’t bend on this, and a bill to reduce the waiting period to six months hasn’t become law yet as of 2026. In an uncontested divorce, the court mainly confirms what you and your partner have already agreed on. In a contentious one, a judge of the Durham County District Court decides what you can’t.

What Both Paths Require

Before either kind of divorce can be filed, one spouse must have lived in North Carolina for six months. The case goes to the county where either spouse lives. The Durham County Family Court accepts divorce filings online through eCourts File & Serve or in person on the sixth floor of the courthouse.

Filing a complaint for an absolute divorce does one thing: it ends the marriage. It doesn’t divide property, set alimony, or decide custody. Those are separate claims, and one rule catches people off guard: under Section 50-11, the right to equitable distribution and alimony is lost if those claims are not pending when the divorce judgment is entered. After the judgment, a spouse who never filed for property division can’t go back.

What “Uncontested” Actually Means

An uncontested divorce is not just a divorce where your spouse does not fight. It means that every issue is resolved before the judge sees the file, usually through a written separation agreement signed during the one-year waiting period. That agreement covers the house, retirement accounts, support, and, if there are children, a parenting schedule.

With the agreement in place, the process is straightforward:

  • One spouse files a complaint and serves it on the other.
  • The other spouse either responds or allows the 30-day response period to pass.
  • The plaintiff requests a hearing date with the Family Court’s case coordinator.
  • After a brief hearing, the judgment is entered.

Many people move from filing for a divorce to a judgment within a few months. The court’s pro-se absolute divorce packet includes the local forms, but it assumes no property or support claims.

An uncontested divorce is only as good as the agreement behind it. If one undervalues a pension, leaves out debt, or silently waives alimony, it is still binding.

When a Divorce Becomes Contested

A contested divorce involves at least one matter being decided by a judge. Common disputes include:

  • Equitable distribution: The law presumes an equal division of marital assets, but either party can argue for a different division based on certain factors, such as businesses, pensions, or real estate.
  • Alimony: This depends on whether one party is dependent on the other for support, and whether there has been marital misconduct.
  • Custody and child support: These are usually determined through mediation prior to a court hearing. Occasionally, the date of separation can also be a factor that delays the divorce process.

Durham County runs a dedicated Family Court, so one judge or a judicial team handles all family-related cases. This helps with consistency rather than speed. Contested cases regarding equitable distribution require financial disclosures, mediation conferences, and often expert evaluations before trial. It is common for a year or more to pass from filing to the final order.

Which Path Are You On?

Most divorces in Durham County land somewhere in between. The spouses agree on custody, but not on the house, and settle property, but fight over alimony. A case may start as contested and be settled the week before the trial, or it may start “uncontested”, but unravel when one spouse reads the agreement carefully.

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Talk to a Divorce Attorney Before the Year Is Up

The most costly mistakes happen before anything is filed: signing a separation agreement without understanding what it entails, or allowing the judgment to go through without an equitable distribution claim being recorded.

The Law Office of Stephen E. Robertson, PLLC has more than 25 years of experience in family law, and we have helped clients throughout central North Carolina, including Durham County. We offer both negotiated settlements and contested trials to help our clients achieve their goals. Contact us to schedule a consultation with one of our experienced attorneys.