You’ve Found An Experienced Divorce Lawyer In North Carolina
Only about 1.1% of practicing attorneys in North Carolina have earned the designation of board-certified specialists in family law by the North Carolina Board of Legal Specialization. At Ellis Family Law, P.L.L.C., we have several of these divorce lawyers at our firm. When you work with us, your case will start with a personal conversation with lead divorce lawyer, Gray Ellis. He will explain the legal process of divorce and your options. Based in Durham, Cary, Pittsboro and Wake Forest, we offer convenient locations to work with divorcing individual, wherever they might live throughout the Triangle area.
Types Of Divorce In North Carolina
Before you pursue divorce in North Carolina, it’s important to understand the types of divorce that are available in the state. There are two common types of divorce you can file: absolute divorce and divorce from bed and board. Learn more about each type below.
Absolute Divorce
An absolute divorce is the action that terminates the marriage. An absolute divorce is not based on fault, but rather a separation of the spouses for at least one year and one day with at least one spouse having the intent for that separation to be permanent. Only a court can give a couple a divorce; parties to a marriage cannot contract to be divorced. Contrary to popular sentiment, there is no requirement that both spouses “sign” for the divorce. As long as you meet the jurisdictional requirements to obtain a divorce, there is little to nothing your spouse can do to stop the divorce judgment from being entered.
If you receive a complaint for absolute divorce without spousal support and property division being resolved by written agreement or by the court, you may lose these rights forever if you fail to respond in the appropriate legal manner required! If you are served with a complaint for absolute divorce, it is imperative that you meet with one of our attorneys immediately to discuss your rights and what you need to do to protect them before they are lost.
Divorce From Bed And Board
Divorce from bed and board arises when there has been some type of uncondoned and unprovoked marital misconduct, i.e., substance abuse, abandonment, adultery, domestic violence, etc. It is a legally sanctioned separation and cuts off certain liabilities one spouse has for the other. A divorce from bed and board claim is infrequent but may be appropriate in certain situations. It is important to discuss with one of our attorneys if this type of claim is appropriate in your situation.
Ask A Divorce Lawyer | Frequently Asked Questions About Divorce
At Ellis Family Law, P.L.L.C., we understand that ending a marriage isn’t easy. You probably have a lot of questions. We’re here to provide you with the answers so you can make an informed decision moving forward. Below we have compiled common questions we hear from clients to give you a place to start:
How do I file for divorce in North Carolina?
In North Carolina, you can file for an absolute divorce if you have been separated for at least one year and a day. To qualify for this type of divorce, you and your spouse must have been living in separate residences with at least one spouse intending for the separation to be permanent. You or your spouse must also currently live in North Carolina for at least six months before filing for the divorce.
Filing for divorce requires submitting certain paperwork to the court in the county where either you or your spouse live. You will need to file the following types of documents: a complaint, a summons and a Domestic Civil Action Cover Sheet. You will also need to pay a court filing fee. After filing, timing depends on things like service of process and the court calendar. The statute requires that after the defendant is served with a summons and complaint they have 30 days to file an Answer before moving the case toward final hearing/judgment. Working with a North Carolina divorce attorney can help you access these documents, fill them out appropriately and file them with the correct court.
How are property and assets divided?
North Carolina follows “equitable distribution” laws when it comes to dividing property during a divorce. Equitable distribution does not mean an even 50/50 split between the spouses. Instead, courts consider various factors regarding the spouses’ incomes and overall marriage to determine a division of property that is fair and equitable. An attorney can help you understand how property division will impact your assets and develop a strategy to help you protect the assets most important to you.
Will I receive or be required to pay alimony?
Alimony, or spousal support, is a financial payment made from one spouse to another when the receiving spouse is financially dependent on the other spouse. Spousal support aims to help the receiving spouse maintain their standard of living after the divorce. Determining who is eligible for spousal support or who must pay alimony depends on factors such as your income and the length of your marriage. We can help you navigate this process.
Contact A Divorce Lawyer To Begin Resolving Your Divorce Today
Just because you must wait one year and one day to divorce doesn’t mean you should postpone resolving all other issues surrounding your marriage. Our team is ready to address your concerns, answer your questions and develop a strategy that accomplishes your goals. Call Ellis Family Law, P.L.L.C., in Durham, Pittsboro or Wake Forest at 919-688-9400 or complete the contact form on this site.
Frequently Asked Questions About Divorce
How do I know if I need a divorce lawyer instead of trying mediation or handling it myself?
Deciding whether to hire a divorce lawyer often depends on the complexity of your situation and your comfort level with the legal process. Mediation or handling matters on your own may work if you and your spouse have minimal assets, agree on key issues, and are committed to cooperating fully. However, if there are disagreements about property, custody, or support, or if there are retirement benefits, investment acounts, business interests, or other more complex assets in play itβs wise to have an experienced divorce lawyer by your side to protect your rights and ensure a fair outcome.
What are the residency requirements to file for divorce in North Carolina?
If the person filing (the βplaintiffβ) is not a North Carolina resident, the case generally must be filed in the county where the other spouse (the βdefendantβ) resides.
What is the difference between a contested and an uncontested divorce?
In everyday terms:
Uncontested divorce usually means the divorce can move forward without a fight in courtβeither because the other spouse doesnβt oppose it or because the spouses have already resolved key issues (property, support, custody) by agreement.
Contested divorce means there is a disagreement that requires court involvementβeither about the divorce requirements themselves (like whether the one-year separation is met) or, more commonly, about related issues like property division, support, or custody.
One NC-specific nuance: North Carolina allows an absolute divorce after the statutory requirements are met (most commonly one year of separation), even if other issues are still being disputed in separate claims.
How long does the divorce process usually take?
In most North Carolina cases, the timeline has two big phases:
- The required separation period
For most people seeking an absolute divorce, spouses must live separate and apart for one year before filing. - The court process after filing
After filing, timing depends on things like service of process and the court calendar. Many courts recommend waiting 30 days after the other spouse is served (to allow time for an Answer) before moving the case toward final hearing/judgment.
Typical βuncontestedβ range after filing (once the one-year separation is already complete): often about 45β90 days, depending on service and scheduling.
What role do separation agreements play in the divorce process?
A separation agreement is a private contract that can help spouses settle issues while theyβre separatedβoften including property division, spousal support, and parenting arrangements. North Carolina does not require a separation agreement to be βlegally separated,β but it can reduce conflict and create clear expectations.
Key points to include in your FAQ:
- Not required to be separated in NC: separation is generally about living in different homes with at least one spouse intending the separation to be permanent.
- Validity requirements: to be enforceable, a separation agreement must typically be in writing and acknowledged (notarized) by both parties before a proper certifying officer.
- A separation agreement does not grant the divorce. The divorce still requires meeting NCβs statutory requirements and obtaining a court judgment.
Important planning note: in many situations, certain claims (like equitable distribution) can be lost if not asserted before the divorce judgmentβso agreements and/or claims should be handled thoughtfully before finalizing the divorce.
When does divorce litigation become necessary?
The most typical times litigation is necessary is if there is a significant disagreement over the value of certain assets (such as a business entity) or a high-conflict case involving children.Β Sometimes one party refuses to participate in settlement negotiations, and in order to reach a resolution the case must be litigated.
How does Ellis Family Law approach high-conflict divorce cases?
We approach high-conflict cases with the utmost care.Β We help identify tools and services that can support our clients throughout their journey, such as Certified Divorce Planners, therapists, valuators, forensic accountants and other professionals.Β We bring stability and calm while focusing on your future.Β We then ensure we offer guidance, not gasoline, throughout the process.Β