25+ Years of Experience in NC Divorce & Separation
Our attorneys have been practicing NC divorce and separation in the Cary, Holly Springs, Apex, Fuquay-Varina, and greater Raleigh area since the inception of our family law firm in 1995.
The firm’s founding attorneys, Ann-Margaret Alexander and Andrea Nyren Doyle, are here to guide you through the sometimes lengthy legal process of a pursuing and obtaining a separation and divorce in North Carolina.
Separation
Before a divorce occurs, a period of separation is required by NC law.
Signing a separation agreement can resolve matters such as property division, alimony, child support, child custody, and avoid disputes or prolonged legal battles when you separate from your spouse. Getting good legal aid prior to signing a Separation Agreement can literally save you thousands of dollars, and having a knowledgeable NC divorce attorney on your side throughout the separation process will help you obtain the best possible result.
Divorce
When separating, many people initially think to pursue a divorce. However, the divorce is often times the simplest part of the process. The more difficult part of a divorce is coming to a separation agreement with your spouse in regards to property division and spousal support.
If you do not have an agreement in place for your property and spousal support, you may forever lose your right to go back and receive your share. Therefore, it is critically important that you seek the advice of an attorney to assist you in taking all the necessary action to protect your rights in the NC divorce process.
Schedule Your Consultation with a Divorce Attorney
We provide professional legal counsel on a personal-level to our clients who are facing divorce or separation from their spouse. We’re here to help you every step of the way. Each of our attorneys have 25+ years of experience to help avoid the courtroom when possible, and proactively represent you in court when needed.
Schedule your consultation today to see how we can leverage our years of experience and personal service to help you in your divorce or separation.
Frequently Asked Questions
How long do I have to be separated before I can file for divorce in North Carolina?
In North Carolina, you must be separated for at least one full year before you can file for an absolute divorce. This means you and your spouse must live in separate residences continuously for 12 months with the intent that the separation be permanent. The separation period cannot be interrupted by reconciliation – if you resume living together as a married couple, the one-year clock resets. During this mandatory waiting period, you can work on separation agreements covering property division, alimony, and child custody matters, which is why consulting with an attorney early in the process is often beneficial.
Is a separation agreement required?
A separation agreement is not legally required in North Carolina, but it is highly recommended. Without a separation agreement, you risk losing certain rights forever, particularly regarding property division and spousal support. Once your divorce is finalized without these matters addressed, you may permanently forfeit your ability to make claims later.
What’s the difference between an absolute divorce and a separation?
A separation is when spouses live apart with intent to end the marriage, but remain legally married. You can still make decisions about each other’s medical care and inherit property.
An absolute divorce is the final legal termination of the marriage – you’re no longer married and lose spousal rights. In North Carolina, you must be separated for one year before you can obtain an absolute divorce. Separation comes first; absolute divorce ends the marriage permanently.
