How to get a divorce in North Carolina


Obtaining a Divorce in North Carolina

Have you and your partner decided to part ways? The divorce process can be complex and daunting without the help of an experienced law firm. When one has decided to begin the process for divorce in North Carolina, a step-by-step guide is often helpful.

Physical Separation

Those seeking to get divorced must first separate, meaning neither party cohabitants with the other. If a couple wants to be granted a divorce in the state of North Carolina, they must be separated for an entire year. In addition, one of the interested parties must have resided in North Carolina for six months prior to filing. Also note: a couple is not truly separated unless one of the parties files for divorce from bed and board, and your physical separation will start over if you move back in together. If you have been abused, treated barbarously, abandoned or your spouse has committed adultery, you may immediately file for divorce from bed and board.

Filing with the Clerk of Court

The next step in filing for divorce in North Carolina is speaking with the Clerk of Court in your county. You must file with this clerk to obtain an absolute divorce. Emblem Legal will file the notice on your behalf, and then the sheriff or deputy of your county will serve the complaint to your spouse. This is after the couple have been separated for 12 months, with at least one party intending to remain apart. Also note: mediation can be helpful during a divorce, and could mean the difference between lengthy and painful proceedings and a timely and peaceful resolution.

Judgement and Final Proceedings

After our law offices work through mediation and any other requests you might have, a judge will hear testimony and final arguments, deciding upon an outcome that will work best for each individual. Before making final rulings, the judge will consult the professional representing you from Emblem Legal. Remember, when one has been granted a divorce in North Carolina, they waive the rights to alimony and distribution of property. These must be handled with our firm before you face a judge. Also, before the final hearing, child support claims will need to be filed and accepted by both parties. Once an order is signed, you are legally divorced.

Professionals in Charlotte You Can Trust

Divorce in North Carolina can be messy and hard to navigate. Let the professionals at Emblem Legal get you through this difficult time in your life, and guide you through the process. When you’re sure that divorce is your best option, don’t hesitate to call us and make an appointment. Our experienced attorneys are here to help you!