Family Law & Divorce

Our Family Law Services

We offer compassionate and skilled legal representation in a variety of family law matters, including:

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Legal Separation

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In North Carolina, separation is the first step toward divorce. The state requires that spouses live separately and apart for at least one year with the intent for the separation to be permanent before they can file for an absolute divorce.

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Key Points About Separation:

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• You must live in separate residences. Simply sleeping in separate rooms under the same roof does not qualify.

• You do not need a court order to be considered legally separated.

• The separation period must be continuous--reconciling, even briefly, can reset the clock.

• It is advisable to have a Separation Agreement, a legally binding contract that outlines key terms such as child custody, support, property division, and spousal support during the separation.

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Absolute Divorce

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An absolute divorce is the legal termination of a marriage. In North Carolina, you can file for absolute divorce after being separated for one full year and one day.

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Requirements for an Absolute Divorce:

• ​At least one spouse must have lived in North Carolina for at least six months prior to filing

• The parties must have been separated for at least one year, living in separate households

• Divorce in North Carolina is a "no-fault" divorce, meaning that neither party has to prove marital misconduct or wrongdoing to obtain a divorce

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It's important to note that an absolute divorce does not automatically resolve issues such as property division (equitable distribution), alimony, child custody, or child support. These must be addressed through separate claims either before or at the same time as filing for divorce.

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Equitable Distribution of Property

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North Carolina follows the principle of equitable distribution, which means that marital property is divided fairly--but not always equally--between spouses.

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Marital Property Includes:

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• Assets and debts acquired during the marriage

• Retirement accounts and pensions earned during the marriage

• Real estate, bank accounts, vehicles, and more

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Separate Property Includes (not subject to division):

• ​Assets owned before the marriage or acquired after the date of separation

• Gifts or inheritances received by one spouse individually

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An attorney can help ensure a full and fair accounting of all marital property and advocate for a just distribution.

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Post-Separation Support and Alimony

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North Carolina recognizes two types of financial support between spouses: 

1. ​Post-Separation Support (PSS):  Temporary support paid by a higher-earning spouse to the lower-earning spouse during the period of separation.

2. Alimony:  Longer-term support that may be awarded after divorce based on factors such as the length of the marriage, earning capacity, marital misconduct, and standard of living.

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Judges have wide discretion in determining spousal support, which is why it's important to have experienced representation to make a strong case for or against providing support to the opposing spouse.

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Child Custody and Child Support

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If children are involved, the court will prioritize their best interests when determining custody and support arrangements. 

1. ​Child Custody:  Includes legal custody (decision-making power) and physical custody (where the child lives).

2. Child Support:  Is calculated using a statewide formula, taking into account income, parenting time, and expenses such as healthcare and childcare.

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We understand that nothing is more important than the well-being of your children. We advocate for custody arrangements that prioritize their best interest while ensuring your parental rights are upheld. Whether through agreement or court order, we can help you pursue a custody arrangement that promotes stability and well-being for your children.

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