Separation & Divorce
How do I get divorced in North Carolina?
It is never easy when a couple decides to end their marriage. Perhaps one spouse wants the divorce, while the other very much does not. There may be infidelity involved, which can raise the emotional stakes even higher.
There are also countless decisions to be made regarding custody and support of children, division of property and living arrangements.
In North Carolina, a couple must live “separate and apart” for one full year before they can file for divorce. The articles in this section will break down the requirements for legal separation, as well as the different types of divorce available in the state. We will also address common questions couples might have, from how to deal with a cheating spouse to who might get to keep the marital home.
What is a Separation Agreement?
If you are considering divorce, or are in the midst of the divorce process, you may feel overwhelmed. That’s completely normal. Any legal matter can be complex, and divorce often involves many issues that can be emotional and complicated in many ways. Sometimes,...
Filing for Divorce in North Carolina
If you are considering a divorce, or if you have already made the decision to divorce and are wondering how to move forward, you might have many questions. That’s entirely understandable. Without a doubt, divorce can be a complex and often difficult process, as...
Conscious Uncoupling – Is it Right for You?
The ending of any marriage is painful. There’s no question about it. There can be a tendency to view the end of a marriage negatively – and that's understandable. On the other hand, however, the end of a marriage can also be a chance to look forward to new beginnings,...
Common Law Marriage and Divorce in North Carolina
Perhaps you and your partner have been together for a long time – maybe even many years. You’ve lived in the same house, shared the same bills, divided the chores – basically, you’ve lived life together, much as any legally married couple would. So you may find...
Introduction to North Carolina Divorce Laws
Legal matters can be complex – and divorce is no different. If you aren’t a trained legal professional, trying to sift through the laws and understand them can be confusing and frustrating, to say the very least. That confusion and frustration is very normal....
How a Prenup Can Protect You During Divorce
When most people walk down the aisle, they truly believe they’re making a lifetime commitment. Especially in the early stages of a relationship, it can seem as if love will, indeed, last forever. Sometimes, that ends up being the case. In other cases, however, things...
How Do I Get Divorced in North Carolina?
In North Carolina, you may often hear the term “absolute divorce.” Understandably, legal terms can be confusing – you may wonder, what is an absolute divorce? Is every divorce an absolute divorce? In North Carolina, the term “absolute” divorce simply means the...
North Carolina Divorce Laws: Frequently Asked Questions
As with many legal matters, divorce can be complicated, and it can be confusing. It is already an overwhelming experience for most people, simply from an emotional perspective – and additional stress caused by worry about the legal process itself can feel...
Reducing the Cost of Divorce
It’s no secret that divorce can be stressful. Without question, it’s one of the most significant and disruptive changes that many people will make in their lives. Even if it is ultimately for the best, it is certainly not without difficulty and frustration. Of course,...
How Much Will It Cost to Get a Divorce?
Deciding to divorce is the beginning of a long, and often complex process. It's a process that will force you to address many issues and one that will cause you to ask many questions. One of the first questions you're understandably likely to ask is – how much will...
How to Choose a Divorce Attorney
Without question, making the decision to divorce is probably one of the most difficult decisions you'll ever have to make. The truth, though, is that deciding to divorce is only the first of many decisions you'll have to make throughout this process. One of the...
Starting the Divorce Process
A Few of the First Steps You Should Take At the beginning of a marriage, most people never expect to find themselves filing for divorce. It isn’t a pleasant prospect for most people – and it’s usually not a decision that’s reached easily. Once you’ve decided that...
What to Do Before Filing for Divorce
If you have reached the point in your marriage where you have decided you are ready for divorce, you may feel ready to move full steam ahead with getting the process started. This is understandable, as couples who decide to divorce typically do so after many months,...
Obtaining an Absolute Divorce in North Carolina
What You Need to Know Many have heard the term “absolute divorce” but aren’t certain what exactly it means in North Carolina – or how to go about obtaining one. If you’ve decided that divorce is the best option for your marriage, you’ll need to obtain an absolute...
Alienation of Affection Claims in North Carolina
It’s a simple truth that there are few things that have the potential to devastate a marriage more than an affair. Whether you are the spouse who has had the affair, or the spouse who feels betrayed, on either side of the coin, emotions are volatile and tensions can...
Signs to Watch for If You Suspect That Your Ex May Be Turning Against You
It’s no secret that divorce is difficult, even in the very best of situations. Even in situations where both parties to the marriage agree that divorce is for the best, and are able to put their differences aside and work cooperatively toward resolution of the issues...
Can I Get a Jury Trial for My Divorce?
When you are going through a divorce, you want the most favorable results possible. You want to be compensated for the time you spent cleaning the home and taking care of the kids. You may want joint custody of the children, and you may even want the marital home....
Common Financial Mistakes to Avoid During the Divorce Process
When couples contemplate the divorce process, without question, there are many issues that may seem intimidating to tackle. Certainly, highest among them are issues involving children, if the divorcing couple has them. But following closely behind are many issues...
The Benefits of Collaborative Divorce
You may be at a point in your life where you are facing the prospect of divorce. The realization you’re your marriage is ending can often be overwhelming and stressful enough, and facing the prospect of a long drawn-out court battle over the issues that matter to you...
What to Do When Your Ex Moves in with Their Significant Other
Not only are you dealing with the stress of a divorce proceeding, but also you are trying to find consistency in your changing new life. Your ex moving in with a new significant other is never easy, especially if it occurs before you are even divorced. You may feel...
Separation Agreement Anxiety
It’s bad enough you are going through a separation; however, now you are being told that a separation agreement is wanted as well. As if you are not already stressed about the separation and how to move forward in your life, you now have to speak with your spouse and...
Preparing for Divorce : A Checklist
One universal truth about divorce is that it is rarely an entirely pleasant experience for anyone. Understandably, the end of a marriage and the prospect of beginning to transition from the life you shared together to a new journey on your own can be an emotional and...
What if I Want to Stay Married?
Going through a divorce that you don’t want is especially difficult. The news can be shocking and emotionally devastating. It is crucial for you to not simply stand by during this time of pain. A divorce lawyer can help you understand your legal situation and choose...
A Guide to Divorce for LGBTQ Couples in North Carolina
Without question, LGBTQ couples have fought long and hard to attain rights that many have long taken for granted. LGBTQ couples in North Carolina officially won the right to marry under the case of General Synod of United Church of Christ v. Cooper, which was followed...
Finding a Job After Your Divorce
Going through the divorce process can be overwhelming, even in the best of circumstances. It is emotional, and time-consuming, and understandably includes all of the stress that would be expected when moving from one home, and one shared life, to two. As if this...
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When a marriage ends, it is never easy. It can feel like there are a million things to consider — from the practical decisions about property and finances to the emotional heartbreak of ending a relationship.
Don't worry, we're here to help.