Divorce is one of the most difficult experiences a person can go through. Beyond the emotional pain, there are practical challenges—dividing property, arranging custody, and understanding the legal process. In North Carolina, divorce law has its own specific rules and timelines that every couple must follow before a court will grant a final decree.
At Martine Law, we know how overwhelming this process can feel. Our attorneys help clients navigate divorce with empathy, clarity, and confidence. Whether your split is amicable or highly contested, understanding each stage—from separation to final decree—can make the journey less stressful and more predictable.
You can review official family law procedures and court forms on the North Carolina Judicial Branch website and the North Carolina General Statutes, Chapter 50.
Step 1: Separation – The Starting Point
In North Carolina, you must be legally separated for at least one year before you can file for divorce. This means that:
- You and your spouse live in separate residences.
- At least one of you intends for the separation to be permanent.
There’s no need to file formal paperwork to become “separated,” but it’s often helpful to have a written separation agreement outlining temporary arrangements for:
- Child custody and visitation
- Spousal support (alimony)
- Property use and expenses
- Debt payments
Having a separation agreement can prevent conflict later and serve as a foundation for your final divorce terms. You can find guidance on legal separation forms on the North Carolina Judicial Branch separation resources page.
Step 2: Confirming Eligibility to File for Divorce
To file for an absolute divorce in North Carolina, you must meet two basic requirements:
- You have been separated for at least 12 consecutive months, and
- At least one spouse has lived in North Carolina for at least six months before filing.
If these requirements are not met, the court will dismiss your divorce petition.
Step 3: Filing the Divorce Complaint
When you’re ready to file, your attorney will prepare a Complaint for Absolute Divorce and file it with the Clerk of Court in your county. The complaint outlines key information, such as:
- Date of marriage and separation
- Residency information
- Whether you’re asking the court to address property division, alimony, or custody
After filing, the court issues a summons, which must be served to your spouse (usually through certified mail or sheriff delivery). Your spouse then has 30 days to respond.
If they do not contest the divorce, the case may move forward as an uncontested divorce—saving time, money, and stress.
Step 4: Addressing Property, Support, and Custody
Divorce in North Carolina doesn’t automatically divide assets or determine support. Those issues must be raised before the divorce decree is entered, or you risk losing certain rights.
Key issues include:
- Equitable Distribution (Property Division)
North Carolina follows the principle of equitable distribution, meaning assets are divided fairly—but not necessarily equally. The court classifies property as:
- Marital property: Acquired during the marriage.
- Separate property: Owned before marriage or received as a gift/inheritance.
The court considers factors such as income, length of marriage, and contributions to determine a fair split.
- Alimony and Post-Separation Support
A dependent spouse may request alimony or temporary post-separation support. The court evaluates financial need, earning capacity, and marital misconduct. - Child Custody and Support
If children are involved, custody and support must be addressed separately. The court focuses on the best interests of the child, considering stability, parental involvement, and safety.
Martine Law’s family lawyers can guide you through each of these areas to ensure your rights are protected at every stage.
For more details, you can explore North Carolina child custody and support laws under Chapter 50.
Step 5: Divorce Hearing and Judgment
If all requirements are met and there are no contested issues, you can request a hearing before a judge. The process is typically straightforward:
- You testify briefly to confirm separation and residency.
- The judge reviews your complaint and any supporting documents.
- The court issues an Absolute Divorce Decree, officially ending the marriage.
If there are disputes about property or custody, the judge may hold additional hearings to resolve those matters.
Once the decree is signed, you are legally divorced and free to remarry if you choose.
Step 6: Post-Divorce Actions
Even after the divorce is finalized, you may need to take additional steps to ensure your affairs are updated:
- Update your will, insurance, and beneficiaries.
- Change your name if desired.
- Refinance shared debts or remove your name from joint accounts.
- Comply with any court-ordered support or custody terms.
Your attorney can help you prepare these documents to avoid complications later.
Can You Get a Divorce Without Going to Court?
Yes. Many couples pursue uncontested divorces when they agree on all major issues. In such cases, your attorney can often handle most filings and communications without you ever stepping into a courtroom.
Alternative dispute resolution methods, like mediation or collaborative divorce, can help couples reach a fair settlement outside of court, saving both time and emotional strain.
If disagreements arise, Martine Law’s family law team can represent you in mediation or trial to secure a resolution that protects your financial and parental rights.
How Martine Law Can Help
Divorce is not just a legal process—it’s a personal transition that affects every part of your life. Whether you’re dealing with property division, child custody, or the emotional toll of ending a marriage, you deserve an advocate who listens, explains, and fights for your future.
At Martine Law, we provide:
- Guidance on separation agreements and divorce filings
- Representation in contested and uncontested cases
- Assistance with alimony, custody, and equitable distribution
- Compassionate support through every stage of your case
If you’re considering divorce in North Carolina, take the first step toward clarity and closure.
Contact Martine Law today to speak with a family law attorney who will help you navigate every step from separation to decree.