Most divorces are based on the spouses living separate and apart for at least one year, with at least one spouse intending the separation to be permanent. At least one spouse generally must have lived in North Carolina for six months before filing.

Cases are generally filed through the Wake County court system. The correct location and procedure depend on the case type, existing orders and the parties’ circumstances.

Timing depends on completion of the required separation period, proper service, court scheduling and whether the divorce or related claims are contested.

Marital misconduct may be relevant to certain claims, including some alimony issues, but it does not automatically decide custody, property division or every financial question.

Custody decisions are based on the child’s best interests. Courts may consider caregiving history, stability, safety, each parent’s circumstances, the child’s needs and other relevant evidence.

A custody order may be modified when the legal requirements are met, generally involving a substantial change in circumstances affecting the child’s welfare.

A mature child’s preference may be considered, but the child does not make the final decision. The judge weighs that preference with all other best-interest factors.

Early advice can protect deadlines, evidence, financial claims and parenting decisions. Consider getting advice before signing an agreement, relocating with a child, transferring property or filing a case.

Yes. We assist North Carolina clients with wills, trusts, powers of attorney, advance directives, probate and estate administration. Visit our estate-planning center.

North Carolina recognizes two grounds for absolute divorce: living separate and apart for one year with the intent that the separation be permanent, or three years’ separation because of a spouse’s incurable insanity. Fault such as adultery or abandonment is not a ground for divorce, though it can matter for alimony and for a divorce from bed and board.

After filing, your spouse must receive formal notice of the case. The usual methods are service by the Wake County Sheriff, certified or registered mail with return receipt, or a designated process server. If your spouse cannot be located after a diligent search, the court may permit service by publication. Your spouse then has 30 days to file an answer.

Custody has two parts. Legal custody is the right to make major decisions about a child’s education, health care and religion. Physical custody is where the child lives and the schedule of time with each parent. Either can be joint or primary, and a Wake County order will address both.

No. North Carolina law does not presume that either parent is the better custodian, and Wake County judges apply the best-interests standard to both parents equally. The evidence that matters is each parent’s caregiving history, stability, ability to cooperate and the child’s needs.

Once the one-year separation has passed and the complaint is served, an uncontested absolute divorce is typically entered within 60 to 90 days. Custody, support and property cases run on their own schedules under Wake County’s local rules and can take several months to more than a year depending on complexity and whether they settle.

An uncontested absolute divorce with no property, support or custody issues can sometimes be handled with the court’s self-help forms. If children, a home, retirement accounts, a business or alimony are involved, the decisions you make in the first weeks of separation can be permanent. A consultation is the safest way to find out which situation you are in.

Yes. Your first call is with our intake team and costs nothing. They are not attorneys, so they can’t advise you on your case, but they will make sure we handle your type of matter in your area and answer questions about how we work. If you decide to move forward, they’ll schedule a paid consultation with one of our attorneys, in person, by phone or by Zoom.