Divorce in North Carolina

Clear guidance, practical legal strategy, and steady representation when everything feels uncertain.

Divorce in North Carolina follows a specific legal process, and most people are surprised by how much must be resolved before the final divorce judgment is entered. Our attorneys help clients navigate every stage of divorce, including separation planning, custody, support, property division, and contested disputes. Whether you are preparing to file or responding to a spouse who already has, you should understand how the process works and what steps protect your future.

Speak with a Raleigh divorce attorney today.

What Divorce Means in North Carolina

North Carolina does not use fault based divorce. A divorce is granted after the spouses have lived separately for one full year with the intent for the separation to be permanent, and at least one spouse has lived in the state for six months.

A divorce judgment legally ends the marriage, but it does not resolve:

• Child custody
• Child support
• Alimony or post separation support
• Equitable distribution (property division)

Those issues must be addressed through negotiation, separation agreements, or court filings before the divorce becomes final, otherwise certain rights can be lost. Most of the real work in a divorce case happens well before the final judgment is signed.

The Divorce Process Step by Step

1. Separation for One Year

North Carolina requires spouses to live in separate residences for one full year. There is no certificate or form required, but the separation must be physical and intentional.

2. Preparation and Documentation

This is when planning matters. We help clients organize financial records, understand their rights, and evaluate the best strategy for custody, property, and support.

3. Filing the Divorce Complaint

Either spouse may file after the one year separation period has passed. Filing starts the legal process but does not resolve related issues.

4. Serving Your Spouse

The other spouse must be formally served. Service rules are strict, and improper service can cause delays.

5. Court Timeline

If the case is uncontested, the court may enter a divorce judgment without a hearing. Contested cases involving property, support, or custody follow separate timelines that are often longer and require more steps.

6. Final Divorce Judgment

The marriage ends legally. Any unresolved issues not filed beforehand may no longer be claimed.

7. After Divorce

Custody schedules, child support, alimony, and property division orders continue to govern the parties’ rights. These can sometimes be modified later, depending on the issue.

Issues That Must Be Resolved Before the Divorce Is Final

Certain claims must be filed before the divorce judgment is entered, or the right to pursue them is permanently lost. This often surprises people.

The most critical issues include:

• Equitable distribution (property division)
• Alimony and post separation support
• Some contractual rights under a separation agreement
• Claims tied to marital assets or income

Custody and child support do not expire upon divorce, but waiting to address them can create strategic disadvantages. The safest approach is to address all issues early, before filing or finalizing the divorce.

If you are unsure what claims apply to your situation, you should speak with an attorney before the divorce is granted.

Contested vs Uncontested Divorce

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on the basic facts: the separation date, residency, and that all related matters are already resolved. These cases typically move quickly and cost less, but only when the groundwork is solid. Even in straightforward cases, missing claims or poorly drafted agreements can create long term problems.

Contested Divorce

A divorce becomes contested when the spouses disagree about key issues such as custody, assets, support, or even the separation date. Contested cases require more structure, more documentation, and sometimes litigation. Even when major issues are contested, the divorce itself can still be granted once the legal requirements are met, but the related claims continue through the court system.

Special Situations

Many clients begin the process without clarity about their spouse’s intentions or without a complete picture of their rights.

We provide guidance for situations such as:

• When you want a divorce
• When your spouse wants a divorce
• Uncooperative or hostile spouses
• Situations involving emotional or physical safety
• When marital intimacy has ended long before physical separation
• When one spouse refuses to leave the home

Each of these circumstances requires different strategic steps. The earlier you receive legal advice, the more options you preserve.

Key Requirements in North Carolina

• Residency: At least one spouse must have lived in NC for six months.
• Separation: One full year, in separate residences.
• Service: Your spouse must be served through accepted legal methods.
• Fault: Not required for divorce, though it may be relevant for alimony.
• Property and Alimony Claims: Must be preserved or filed before the divorce is final.

Understanding these requirements early helps avoid costly mistakes and delays.

Documentation to Gather Before Filing

Organized information makes the process smoother and strengthens your position in negotiation or litigation. Key documents include:

• Tax returns
• Bank statements
• Retirement and investment account statements
• Mortgage and deed information
• Insurance policies and beneficiary documents
• Paystubs and employment records
• Business ownership or valuation documents
• Any written agreements or communications about separation

We provide clients with a checklist to simplify the preparation process.

Timeline Expectations

Uncontested Divorce Timeline

Often a few months from filing to judgment, depending on service, court scheduling, and whether all related issues are finalized.

Contested Divorce Timeline

Cases involving custody, property, or support can take significantly longer. Discovery, mediation, temporary hearings, scheduling conflicts, and court availability all affect the timeline.

While no attorney can control the court’s docket, we help clients understand likely pacing and plan accordingly.

Common Mistakes That Complicate Divorce

• Returning to the same residence before the one year period ends
• Leaving the home without a custody plan
• Transferring, hiding, or destroying financial assets
• Allowing the divorce to be finalized before property or support claims are filed
• Relying on informal verbal agreements that are unenforceable
• Communicating emotionally instead of strategically

Avoiding these mistakes often determines how smooth the process will be.

How Kurtz & Blum Helps

Clients choose our firm because they want a clear process, practical legal strategy, and reliable advocacy in an unpredictable moment. We provide:

• Structured guidance from the first consultation
• A realistic assessment of your rights and risks
• Support in gathering and organizing essential documents
• Negotiation experience balanced with litigation readiness
• Transparent communication and consistent updates
• A long term perspective that protects you well beyond the divorce judgment

We work to reduce uncertainty and position you for the strongest possible outcome.

Frequently Asked Questions

Can I get divorced without going to court?

Sometimes. Many uncontested divorces can be completed without a hearing, depending on the county.

Can my spouse block the divorce?

No. If the legal requirements are met, a spouse cannot prevent the divorce from being granted.

Can we resolve custody and property issues before filing?

Yes, and in many cases this is the best strategy. Agreements or claims must be properly documented.

What if we were separated under the same roof?

North Carolina requires physical separation into different residences.

How long does a divorce take?

Uncontested cases may take a few months. Contested cases involving assets, custody, or support take longer.

Talk With a Raleigh Divorce Attorney

If you are considering divorce or your spouse has already taken steps, the choices you make early in the process matter. We help clients protect their rights and move forward with clarity and confidence.

Schedule a consultation with Kurtz & Blum today.