ALDER & ROWEFamily Law

Divorce & Separation

A considered path through the end of a marriage.

Deciding to end a marriage is rarely one decision. It usually arrives after months of reflection, and it brings practical questions that deserve clear answers: where each person will live, how money will be handled, and what will work for any children.

Our role is to help you understand the process in plain language: what the legal steps involve, what information is needed and which decisions tend to matter most, so you can move forward with a sense of order.

Every situation is different. Some matters are settled by agreement, and others need a judge. We help you understand the options that fit your circumstances.

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Illustrative stock photograph.

Questions worth considering

  1. 01

    Separation comes first

    In North Carolina a court generally grants an absolute divorce only after the spouses have lived separate and apart for one year, and at least one of them has lived in the state for six months. Living apart generally means in separate homes, and at least one spouse intends the separation to be permanent. The date of separation also matters for property and support, so it is worth writing down.

  2. 02

    A deadline many people miss

    A spouse's right to ask a court to divide property can be lost if it is not raised before the judgment of absolute divorce is entered. A property claim can be filed once the spouses are separated, so the order in which things happen matters. This is one of the first things to ask an attorney about.

  3. 03

    Money questions

    Ending a marriage means untangling shared finances. Beyond dividing property and debt, North Carolina recognizes temporary support during separation (postseparation support) and longer-term support (alimony), as well as child support. Which of these applies depends on the facts.

  4. 04

    Children

    When children are involved, their stability comes first. Custody and parenting schedules are decided on the child's best interest, and many families reach an arrangement without a contested hearing.

How we may assist

  • We explain what the divorce process involves in North Carolina and which decisions you will face along the way.

  • We show how separation, property, support and parenting questions fit together, so you can decide what to settle first.

  • Where negotiation or mediation may suit you, we help you prepare. Where a court has to decide, we prepare carefully and keep you informed at each stage.

  • We do not promise outcomes. We do promise clear communication, careful preparation and honest advice about your options.

Common questions

North Carolina generally requires the spouses to live separate and apart for one year before a court grants an absolute divorce. How separation is shown, and what happens if the spouses live together again, depends on the facts, so talk with an attorney before relying on a date.

A judge is involved in every divorce, because a court enters the judgment. But many of the issues around it, such as property, support and parenting, are often settled by agreement without a contested trial. We help you understand which path fits your situation.

It varies with the issues, how much the spouses agree on and court schedules. The one-year separation period is built into the process in North Carolina. A clearer picture of timing comes after we learn your circumstances.

Talk it through when you are ready.

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The content of this website is for general information only and is not legal advice. Browsing this site or sending a form does not create an attorney-client relationship. This page is general information about North Carolina law, was not reviewed by a licensed attorney, and may be out of date. Confirm current rules and deadlines with an attorney licensed in North Carolina.