Guiding You Through The Divorce Process Smoothly
There is no shortage of advice about divorce, but what are the facts? Make sure you understand your rights and obligations in a divorce. Talk to a family law attorney at the Hayes, Williams, Turner & Daughtry law firm in Dunn, North Carolina.
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During a divorce, there are a lot of decisions to be made that will affect you and your family for years to come. The divorce process can be confusing and emotional. It is essential to know the facts, the law and your rights.
- North Carolina law requires that spouses live under separate roofs for one year before a divorce can be finalized. We will help you establish the date of your separation. One party must have lived in North Carolina for six months before filing for a divorce.
- In most divorce cases, you will not have to appear in court. North Carolina is a no-fault divorce state.
- A divorce lawyer will listen to your concerns, understand your goals, and file a complaint for you. If your spouse has filed, we will answer that complaint and file any counterclaims you may need.
- Are child custody or visitation issues involved in your divorce? We will help you determine what is best for you and your children.
- Will you be required to pay spousal support? Do you have a right to receive child support or spousal support? We will explain the law and how it affects you.
- How should marital property be divided in a divorce? Property division can be a major source of disagreement. We will protect your rights and interests.
- What are your rights as a grandparent? Our law firm has helped change the laws to allow for grandparents’ rights.
Frequently Asked Questions About Divorce In North Carolina
Ending a marriage involves multiple steps, and many people have questions about how the process works. The information below can provide the answers you need when divorcing in North Carolina.
Does North Carolina require a “reason” or “grounds” for divorce?
No, North Carolina does not require fault-based grounds for an absolute divorce. State law allows for a no‑fault divorce once spouses have lived separately for at least one full year with the intent for the separation to be permanent.
Courts do not evaluate why the marriage ended, and neither spouse must prove misconduct to obtain the divorce. Although fault is not required for the divorce itself, certain types of marital misconduct such as cruelty and abandonment may still influence alimony decisions.
Can I receive alimony or spousal support during the separation period?
Yes, a dependent spouse may receive financial support before the divorce is finalized. North Carolina permits postseparation support, which is temporary assistance ordered after the separation but before the court rules on long‑term alimony.
Judges review several factors, including each spouse’s income, reasonable expenses and financial needs. Postseparation support ends when the court issues a final alimony order or denies the request.
What happens if my spouse will not sign the divorce papers in North Carolina?
Your divorce can still move forward even if your spouse refuses to participate. North Carolina does not require both spouses to agree to a divorce. Once the one‑year separation requirement is met, one spouse may file a complaint and properly serve the other spouse.
If the responding spouse does not file an answer, the court may enter a divorce by default. If the spouse disputes related issues such as property division, alimony or custody, the case becomes a contested divorce, and the court will resolve those matters through hearings and evidence.
Do I need a lawyer to get divorced in North Carolina?
Hiring a lawyer is not legally required, but legal representation is strongly recommended. Divorce can affect your rights regarding property, debt, support and parenting, and mistakes can create long‑term consequences.
An attorney can ensure all filings meet statutory requirements, protect your financial interests and prevent accidental waiver of important claims such as equitable distribution or alimony. Self‑represented spouses often struggle with procedural rules, which can delay the case or limit available remedies.
If you are seeking a divorce lawyer you can depend on, an attorney who brings small town values together with a sophisticated understanding of the law, you can count on the attorneys at Hayes, Williams, Turner & Daughtry, P.A., in Dunn, North Carolina. Contact our law firm today to schedule a free initial consultation.