"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."
No couple expects to get divorced, but for many, it’s the best course of action to ensure both spouses can live happier, more fulfilling lives. If you and your spouse have decided to end your marriage, it’s important to understand the divorce process and your options for dissolving your marriage.
In North Carolina, there are two types of divorce:
In order to qualify for a divorce from bed and board, you must be able to prove that your spouse is at fault and that the fault was unprovoked. The accused spouse can also bring defenses against a divorce from bed and board. There are seven grounds for divorce for bed and board:
With a divorce from bed and board, the accused spouse loses some estate rights, such as:
The spouse filing the complaint, however, maintains those rights.
If the spouses decide to resume marital cohabitation after a divorce from bed and board has been issued, the divorce from bed and board is destroyed without further action from the Court. In this case, the accused spouse’s rights lost in the divorce from bed and board are restored.
To file for a divorce from bed and board, either you or your spouse must have lived in North Carolina for at least six months prior to filing the lawsuit and the grounds for the divorce from bed and board must have existed for at least six months prior to filing the lawsuit.
Divorce from bed and board is complicated and very different from an absolute divorce. Without bringing other marital claims, a divorce from bed and board does little more than establish marital fault for alimony purposes, authorize separation, and cut off certain estate rights. To understand your rights or the rights you stand to lose, it’s important to work with an experienced and knowledgeable divorce lawyer in North Carolina.
In North Carolina, the grounds for divorce are:
An absolute divorce is the legal dissolution of your marriage in North Carolina. Couples can obtain an absolute divorce if they have been separated for a period of at least one year and a day.
Additionally, one of the spouses must have intended to remain separated permanently during this time. It is irrelevant if this spouse expressed their intent to the other spouse.
One spouse will need to go to the Clerk of Court and file a complaint. It is preferred that the Court be in the county in which you reside or where your spouse resides. Of course, we file the complaint on behalf of our clients. Once the complaint is filed, the divorce process will include:
However, if you move back in with your spouse at any time during the 12-month period, the calendar of 12 consecutive months will reset.
If you and your spouse have issues to be resolved other than just the divorce itself, we recommend mediation. Filing for your marital claims for alimony, child support, child custody, and equitable distribution is only the start of the process. Once filed, you’ll need to either work out the details or go to Court for resolution, which can be expensive and time-consuming.
Mediation is a way to skip the lengthy court proceedings and allows you to:
When you go through mediation, you’re hammering out the final details of your separation and divorce in a less formal setting. Mediators can also help couples come up with a unique solution based on each spouse’s demands and preferences. In mediation, you are not limited in many ways by the North Carolina General Statutes, which the Court has to apply.
If you do not come to a final agreement on all your rights and responsibilities arising from your separation and divorce, the Court will get involved. The judge will hear testimony and arguments from both sides.
Next, the judge will decide what they believe is best for both parties. However, the judge will listen to the recommendations of each spouse’s attorney before making the final determination.
The divorce itself can be granted in North Carolina even if all your other issues and claims have not been resolved. That’s a bit unique to our State. Most states hold the divorce “hostage” until all the details of rights and responsibilities are worked out, either by you or by a Judge.
Your divorce lawyer should:
If you need a lawyer, we can help. We have years of experience helping couples mediate their divorce and save money, time, and resources.
Call us today to talk to a divorce lawyer.
"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."
"The entire staff at Triangle Smart Divorce has been wonderful. My divorce has been extremely complicated and difficult, they have helped and been successful at every turn. They are more than competent and are also very compassionate individuals. They will and do walk you through each and every step to obtain the best results for you. An amazing team!"
"I would rate everything about my experience with Triangle Smart Divorce as 5 stars. The hardest step of any big decision is the first step. Jessica set the tone from the very first phone call. She was compassionate, calming and reassuring. The whole team has continued to work to maintain a supportive environment during the most difficult time of my life. I’m very grateful."
"Jenny Bradley and her team at Triangle Smart Divorce was the best decision I made. "
"Great firm! An outstanding group of professionals who are knowledgeable and care about their clients. I recommend Julianne and the firm to my clients and friends needing divorce and family law services."
"I felt heard, understood and listened to. Always there when I needed them! Had my best interest at heart and never let me down!"
"Outstanding firm. Try to work with their clients. Listens like a therapist. I am thoroughly pleased with the services I have been provided."
Our practice is entirely dedicated to helping couples move forward with confidence when dealing with divorce. You’re not alone.
Want to know how to prepare for divorce? Use our free resources to guide you. Our mission is to get you to where you want to be — without years of legal fees, court battles and emotional damage.
Yes. Unless one spouse has incurable insanity, a normal divorce requires a legal separation of 12 months and a day. In the event of incurable insanity, the couple must be separated for a period of three years before a divorce will be granted.
North Carolina has two grounds for divorce:
During separation, it’s crucial to avoid:
North Carolina’s divorce process is complicated, but we can help. Our divorce lawyers will work with you to come to an agreement, avoid the judge dictating the division of assets, and help you through each step of the proceedings.
We are here to help you succeed and protect what you value most.
