• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar

Raleigh-Divorce-Lawyers.com

Building Lifelong Relationships... One Client at a Time.

  • Home
  • Start Here
    • Read This First
    • Do you need a divorce lawyer?
    • What to Do if Your Spouse Won’t Leave
    • The Truth about Divorce in North Carolina
    • What is a Legal Separation?
    • Initial Consult Questions
    • The Cost of Divorce
    • Therapists We Recommend
    • NC Family Law Blog
  • Services
    • Initial Assessment
    • Separation Agreements
    • Divorce Mediation
    • Absolute Divorce
    • Alimony in NC
    • Property Division
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce from Bed and Board
  • Client Portal
  • Home
  • Start Here
    • Read This First
    • Do you need a divorce lawyer?
    • What to Do if Your Spouse Won’t Leave
    • The Truth about Divorce in North Carolina
    • What is a Legal Separation?
    • Initial Consult Questions
    • The Cost of Divorce
    • Therapists We Recommend
    • NC Family Law Blog
  • Services
    • Initial Assessment
    • Separation Agreements
    • Divorce Mediation
    • Absolute Divorce
    • Alimony in NC
    • Property Division
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce from Bed and Board
  • Client Portal
  • Home
  • Start Here
  • Services
  • Client Portal

Overview of North Carolina Divorce

You are here: Home / NC Divorce Laws / Overview of North Carolina Divorce
cary north carolina divorce lawyer

In North Carolina, a divorce is referred to as an “absolute divorce“.  You may have also heard of a divorce from bed & board – this is NOT a legal divorce.

North Carolina is one of the many states that has abolished fault as a grounds for divorce.  This law lessens the potential harm to the husband and wife and their children caused by the process of divorce.  All that is required is that one of the parties to the divorce has been a legal resident of North Carolina for 6 months, and that the parties have been separated for at least one year. Either spouse can file for an absolute divorce after the period of separation.  Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues.

Each divorce case is unique and therefore settlements vary.  Even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters.  The legal process for obtaining a divorce usually will involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary to the absolute divorce.

The divorce process is highly emotional and traumatic for everyone it touches.  Marriage partners often do not know their legal rights and obligations. Court clerks and judges can answer some of your basic questions but are prohibited from giving legal advice.  Only your lawyer is allowed to do that.  Court procedures must be strictly followed or you may lose certain rights forever. It is recommended that you obtain the services of an attorney concerning legal questions, your rights in a divorce, your children’s rights, your property rights, your responsibilities resulting from the marriage or tax consequences.  A knowledgeable lawyer can analyze your unique situation, and give you the information you need to help make decisions that are in the best interest of you and your family.

A divorce must be certified by a court of law to become effective.  The terms of the divorce are usually determined by the court, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately in an uncontested divorce.  Be cautioned that in the absence of an agreement, a contested divorce will be stressful to the spouses and lead to expensive litigation.  Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.

Continue to Types of Divorce in North Carolina

Primary Sidebar

Next Steps Divorce Book
NC Divorce Lawyer
  • NC Divorce Laws
  • Alimony
  • Child Support
  • Child Custody
  • Collaborative Divorce
  • Uncontested Divorce
  • Legal Separation
  • Absolute Divorce
  • Equitable Distribution
  • Separation Agreements

About Our Firm

The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. We provide services throughout North Carolina’s Triangle area including Raleigh, Apex, Holly Springs, Garner, Morrisville, Durham, Research Triangle Park, Chapel Hill, Carrboro, Wake Forest, Wake County, Durham County, Orange County and other nearby cities and towns.

Next Steps Divorce Book
  • Home
  • Start Here
  • Services
  • Client Portal

Copyright © 2023 Raleigh-divorce-lawyers.com · All Rights Reserved