Divorce

In order to file for divorce in North Carolina, a person must have lived in North Carolina for at least six months prior to filing for the divorce, the spouses must have been separated for more than a year prior to filing, and one of the parties had to have intended the separation to be permanent.

A contested divorce is a divorce that involves issues that have not been decided between the parties. For example, the parties may disagree over child custody arrangements, or how to divide up the martial assets. If those issues do not apply to you or have already been decided, then your divorce may be considered uncontested. An uncontested divorce is typically a much simpler process.

Yes, there are many factors you will want to consider before you move out of the house. Simply moving out could cause you to lose rights and options. Before you move out, contact a divorce attorney to learn more about how to move out while still making sure you and your loved ones are protected.

At McNeil Law Firm, we work hard to keep costs down. We work efficiently, and we use paralegals and other legal staff for the non-lawyer tasks so you’re only paying the higher attorney rate when it’s absolutely necessary.

Yes. One requirement is that you must live “separate and apart” – i.e., living in separate residences during this time period, NOT in the same house. As long as you remain in the same house, you will not be considered separated.

In North Carolina, separation occurs on the date that spouses move into separate residences with at least one of them intending to permanently live separate and apart from the other.

During the period of separation, an isolated incident of intimacy, including sexual intercourse, does not necessarily mean that the spouses have reconciled. The intent of each party would need to be considered to determine whether a new one-year waiting period is required. A divorce lawyer can help answer your questions and provide information specific to the facts of your situation.

Generally, no. The courts usually take your word for it unless one spouse decides to say that you were not living separate and apart for a year, or that no one intended for the separation to be permanent. In this case, you may find it helpful to present the court with proof such as a utility bill, rental agreement for a separate residence, mail that was delivered at your new address, a voter registration card, or a driver’s license, etc.

In North Carolina, you can obtain a divorce whether or not your spouse wants to be divorced.

After the period of separation (at least one year prior to filing for divorce) and the filing and service of the divorce complaint, it usually takes about 45-60 days for the divorce to become final.

The issue of infidelity has almost no impact on the divorce itself or the actual entry of the divorce judgment; however, infidelity can and often does have a significant effect on the court’s decisions in the areas of alimony and custody.

This depends on many factors including whether there are children involved and other details surrounding the marriage and separation. An experienced family law attorney can provide you with more information and guidance specific to your situation.

This depends on whether you and your spouse were able to resolve all related issues (either on your own or with an attorney) such as child custody arrangements, alimony, child support, etc. Sometimes, even after a lot of negotiating and help from attorneys, the parties are still unable to come to an agreement on certain issues. In that case, you may have to appear in court.