Raleigh Divorce Lawyer
A divorce in Raleigh is filed and decided in Wake County Family Court, and the local rules on judicial assignment, financial disclosure and settlement conferences shape how fast it moves and what it costs. Our Raleigh divorce lawyers practice in that courtroom every week, and include two North Carolina State Bar Board Certified Specialists in Family Law.
How a Divorce Works in Wake County
North Carolina divorce law is the same statewide. An absolute divorce requires one year of separation and six months of residency, it is granted on that basis alone, and property division, alimony, custody and child support are separate claims that ride alongside it. What is local is the process. Wake County runs a unified Family Court: one judge is assigned to all of a family’s related cases, every claim moves on a case management schedule, and the local rules set deadlines for financial disclosure, settlement conferences and trial. The written targets are ambitious and the calendar is crowded, so the timing below describes both.
1. Separation and the one year clock
Nothing can be filed for absolute divorce until you and your spouse have lived separate and apart for a full year with at least one of you intending the separation to be permanent, and one of you has lived in North Carolina for six months. There is no filing that starts the clock; it starts the day one spouse moves out. That year is when separation agreements get negotiated and when claims for post-separation support, custody and child support get filed, because those do not have to wait.
2. Filing in Wake County
The complaint for absolute divorce is filed with the Clerk of Superior Court at the Wake County Courthouse on Fayetteville Street Mall with a domestic cover sheet and an affidavit for judicial assignment, and served on the other spouse by the sheriff or certified mail. The filing fee is set by statute and is a few hundred dollars. If alimony or equitable distribution will be claimed, those claims must be filed before the divorce judgment is entered or they are lost forever. This is the single most expensive mistake people make filing on their own.
3. Judicial assignment and case management
Wake County Family Court assigns one judge to the family. If equitable distribution is claimed, the local rules call for a scheduling and discovery conference within 120 days of filing, an equitable distribution inventory affidavit from each spouse, a mediated settlement conference by around day 210, and a target of trial within 270 days of the first claim. Post-separation support hearings are targeted at 60 to 90 days and alimony at nine months to a year. In practice the Wake calendar runs behind those targets, and contested property and alimony cases commonly take well over a year.
4. The divorce judgment
The absolute divorce itself is usually granted without a trial. Thirty days after service, if the other spouse has not contested the separation date or residency, the case can be decided on summary judgment or at a short hearing, and the judgment of absolute divorce is entered. A spouse who wants to resume a former name can have that included. The judgment ends the marriage; it does not divide anything or decide custody, which is why the other claims have to be pending.
5. Mediation, settlement and trial on the money
Most Wake County divorces resolve the property and support issues in a separation agreement during the waiting year or at the mediated settlement conference the court requires. The cases that do not are tried to the assigned judge, with full discovery, appraisals and expert testimony on business value and income. Our divorce trial guide walks through that process.
The Claims That Must Be Filed Before the Divorce
This is the part of North Carolina divorce law that catches people who file on their own. The judgment of absolute divorce cuts off any claim for equitable distribution or alimony that is not already pending or resolved in a separation agreement. A spouse who gets divorced first and thinks about the house, the retirement accounts or support afterward has lost those claims permanently. In Wake County that means the divorce complaint is usually filed with those claims included, or after a separation agreement has settled them, never in a vacuum. Custody and child support are different: they can be filed at any time while a child is a minor.
Equitable distribution
Everything acquired during the marriage, in either name, is presumed to be divided equally, with separate property staying with the spouse who brought it in or inherited it. Business value, retirement accounts and the house are where the money is. See property division.
Alimony and post-separation support
A dependent spouse can ask for temporary support early in the case and alimony at the end. There is no formula; the judge weighs sixteen factors, and adultery before separation can bar or mandate it. See alimony.
Custody and child support
Custody goes through Wake County’s custody mediation program before a judge hears it, and child support follows the state guidelines. Our Raleigh child custody lawyers page explains the local process in detail.
Separation agreements
Most divorces are settled in a separation agreement during the waiting year that resolves property, support and custody without a trial. Done right, it is the cheapest and fastest path. See separation agreements.
What Wake County Judges Expect
Wake County Family Court judges manage large dockets and expect the lawyers in front of them to have the case organized. The things that consistently make a difference in Raleigh courtrooms are these.
Complete financial disclosure, on time
The local rules require financial affidavits and inventory affidavits on a schedule. A spouse who files late, leaves out accounts or undervalues a business loses credibility with a judge who will decide every other issue in the case.
Realistic positions at mediation
Wake County judges know which cases should have settled. A spouse who refuses reasonable offers and forces a trial on issues the law makes predictable risks paying the other side’s attorney’s fees.
Clean conduct during separation
Dating before the date of separation, moving money out of joint accounts, and disparaging the other spouse to the children all surface at trial. The year of separation is a year the judge will hear about.
A clear date of separation
The date controls the divorce timeline, the valuation date for property and the cutoff for marital misconduct. Spouses who disagree about it end up in a hearing before anything else moves. Document it.
Raleigh Divorce Attorneys
Every attorney in our Raleigh office practices family law exclusively and appears in Wake County Family Court regularly. Two are North Carolina State Bar Board Certified Specialists in Family Law, a credential held by a small fraction of North Carolina attorneys.
Ashley Prince
Senior Litigation Counsel, Board Certified Specialist in Family Law
Kisha Patel
Senior Litigation Counsel, Board Certified Specialist in Family Law
Arianna Pearson
Associate Attorney
Katheryn Haas
Associate Attorney
Christian Ray
Associate Attorney
“Kisha and her team were an absolute pleasure to work with! Their professionalism, expertise, and willingness to go above and beyond made the entire experience seamless and enjoyable.”Priya, former client
“Ashley and her team were absolutely amazing and very supportive throughout my entire custody and child support process! Very informative, always answered my questions when I had one and incredibly friendly as well.”Jonathan, Avvo review
“It was a great pleasure to work with Arianna Pearson and her legal team. Ms. Pearson is all you want and need in an attorney as she is very professional, friendly, knowledgeable and prompt.”Deborah, former client
What a Divorce Costs in Raleigh
Our attorneys bill hourly at $320 to $600 depending on experience, and the first consultation is a full hour with an attorney. An uncontested divorce in Wake County with a signed separation agreement typically costs $2,500 to $5,000 in attorney time plus the court filing fee. A negotiated divorce where the spouses reach agreement through their lawyers or at mediation commonly runs $7,500 to $20,000. A contested case with discovery, a mediated settlement conference and hearings commonly costs $20,000 to $60,000, and a case tried on custody, alimony and property can exceed $100,000 before expert fees. Mediators charge $350 to $500 per hour split between the spouses, custody evaluations run upward of $25,000, and a business valuation ranges from $6,000 for settlement purposes to $100,000 or more for trial. Our cost of divorce guide explains what drives the number and how to keep it down.
Serving Raleigh and Wake County
From our downtown Raleigh office we represent clients throughout Wake County, including Raleigh, Cary, Apex, Morrisville, Holly Springs, Fuquay-Varina, Garner, Knightdale, Wendell, Zebulon, Rolesville and Wake Forest, and we regularly handle divorce cases in Durham, Johnston, Franklin, Harnett and Chatham counties. Our Raleigh family court resources page has courthouse hours, forms and local contacts.
Raleigh Divorce FAQs
How long does a divorce take in Wake County?
The absolute divorce itself takes about two to three months after the one year separation, since it is usually decided on summary judgment after the 30 day answer period. The money and custody claims run on their own tracks. Wake County’s rules target equitable distribution trial within 270 days of filing, but the calendar is heavy and contested property or alimony cases often take more than a year. Cases resolved by separation agreement during the waiting year finish as soon as the divorce is granted.
How much does a divorce lawyer cost in Raleigh?
Our attorneys bill $320 to $600 per hour. An uncontested divorce with a separation agreement usually costs a few thousand dollars; a contested case with property and alimony claims commonly costs $20,000 to $60,000 and can exceed $100,000 at trial. The first consultation is one hour with an attorney, and if you are the dependent spouse we can ask the court to order your spouse to contribute to your fees.
Do I have to go to court for a divorce in Wake County?
Usually not for the divorce itself. If the separation date and residency are not disputed, the judgment of absolute divorce is typically entered on summary judgment without a hearing, or at a brief hearing your attorney attends. You will go to court for contested custody, support or property issues, and Wake County requires a mediated settlement conference before any equitable distribution trial.
Can I file for divorce in Wake County if my spouse lives somewhere else?
Yes, as long as you have lived in North Carolina for six months and you have been separated for a year. The divorce is filed in the county where either spouse lives, so a Raleigh resident can file here even if the other spouse has moved to another county or state. Custody has its own jurisdiction rules based on where the child has lived, and property and support claims may require personal jurisdiction over the out of state spouse.
What if my spouse will not agree to the divorce?
North Carolina does not require consent. If you have been separated for a year and meet the residency requirement, the divorce will be granted whether or not your spouse agrees. A spouse can only contest the separation date or residency, and those disputes are rare and short. What a spouse can contest, and often does, is custody, support and property.
Do I need a separation agreement before filing in Raleigh?
No, but it is usually the best path. A separation agreement signed during the waiting year resolves property, support and custody by contract, which means the divorce itself becomes a simple filing. Without one, the equitable distribution and alimony claims have to be filed with the divorce and litigated afterward. See our separation agreements page.
Can I date during the separation year?
Legally, dating after the date of separation is not adultery for alimony purposes, but a sexual relationship before the date of separation is, and it can bar or mandate alimony. Dating during the year can also affect custody if a new partner is introduced to the children early. See dating while separated.
Can I change my name as part of the divorce?
Yes. A spouse who wants to resume a former name asks for it in the divorce complaint or answer, and the judgment of absolute divorce includes it. See changing your name after divorce.
Learn More
Talk to a Raleigh Divorce Lawyer
One hour with an attorney at our Fayetteville Street office, a block from the courthouse. Call (919) 372-3670 or schedule online.
