Divorce in North Carolina

Deciding to end a marriage is rarely easy, even when you know it’s the right choice. The process ahead involves legal steps, financial decisions, and emotional challenges that can feel impossible to navigate on your own. At Kelly Thompson Family Law, we approach every divorce case with the understanding that you’re not just ending a legal contract. You’re reshaping your life and your future.

We’ve guided many clients through divorce in Raleigh and the surrounding areas, and we know that no two situations are exactly alike. What matters to you, what you’re worried about, and what you need from the process is unique to your circumstances. Our role is to provide honest counsel, protect your interests, and help you move forward with clarity about what comes next.

How Divorce Works in North Carolina

North Carolina is one of the few states that still requires a period of separation before you can file for divorce. You and your spouse must live separately for at least one year before the court will grant an absolute divorce. Living separately means maintaining separate residences, and resuming the relationship during that year can restart the clock.

During the separation period, you remain legally married. This means you’ll need to address practical matters like where you’ll live, how you’ll handle shared expenses, and if you have children, what custody and support arrangements will look like. Many couples formalize these arrangements through a separation agreement, which can bring stability and predictability to an uncertain time.

Once the year of separation is complete, obtaining the divorce itself is relatively straightforward if both parties cooperate. However, the simplicity of the final divorce filing doesn’t mean the process leading up to it is simple. The decisions you make during separation about property, support, and custody can have lasting implications.

What Needs to Be Resolved

When you separate from your spouse, several issues typically need attention. Property division involves determining how to split marital assets and debts. North Carolina follows equitable distribution, which means property is divided fairly though not necessarily equally. The court considers factors like the length of the marriage, each spouse’s income and earning potential, and contributions each person made during the marriage.

If one spouse earns significantly more than the other or if one spouse sacrificed career opportunities for the family, alimony may be appropriate. North Carolina law provides for different types of spousal support depending on the circumstances, from temporary support during the separation to longer-term arrangements.

For couples with children, custody and child support are often the most pressing concerns. These issues can be resolved separately from the divorce itself, and in fact, many parents establish custody arrangements during the separation period rather than waiting until the divorce is final.

Different Paths Through Divorce

Not every divorce requires bitter courtroom battles. Some couples can work together, with their attorneys’ guidance, to reach agreements on property division, support, and custody. This collaborative approach often costs less, concludes faster, and creates less animosity, particularly important if you’ll need to co-parent after the divorce.

Mediation offers a middle ground where you and your spouse meet with a neutral third party to negotiate terms. We can represent you during mediation to protect your interests while working toward mutually acceptable solutions.

However, we also recognize that cooperation isn’t always possible or advisable. If your spouse is hiding assets, refusing to negotiate fairly, or if there are concerns about safety or wellbeing, litigation may be necessary. We’re prepared to advocate for you in court when that’s the best path forward.

We’ll be direct with you about which approach makes sense for your situation. If you’re hoping to avoid court but your spouse’s positions are unreasonable, we’ll tell you. If you’re ready to fight but compromise would serve you better, we’ll explain why. Our job is to give you honest advice so you can make informed decisions about your case and your life.

The Financial Reality of Divorce

Divorce involves financial considerations that extend beyond legal fees. You’re transitioning from a two-income household to two separate households, often with similar combined expenses but now divided across two homes. Understanding your financial picture is crucial.

We help clients think through the practical implications of different settlement options. That house you want to keep might come with a mortgage you can’t afford alone. That retirement account you’re willing to split might have tax implications you haven’t considered. We work to ensure you understand not just what you’re getting in the divorce, but what it means for your financial stability going forward.

Our commitment to keeping costs reasonable means we’re mindful of how we spend your money. We don’t bill for unnecessary tasks or drag out negotiations when settlement is possible. Being a small firm allows us to operate efficiently and pass those savings to our clients.

Moving Through the Process

When you work with us, we start by understanding your complete situation. What are your priorities? What are you willing to compromise on, and what matters too much to give up? What does your life need to look like after the divorce?

We’ll explain the legal process in clear terms and outline realistic timelines. North Carolina’s one-year separation requirement means divorce takes time, but we can help you use that time productively by resolving property, support, and custody matters rather than leaving everything uncertain.

Throughout the process, we stay accessible and responsive. Questions and concerns don’t wait for business hours, especially during the emotional upheaval of divorce. While we’re a small firm, that’s exactly what allows us to give you the attention and communication you need.

Taking the First Step

If you’re considering divorce or already separated, getting legal counsel sooner rather than later protects your interests. Early decisions about property, finances, and children can significantly impact your options down the road.

We’ve built our practice around making quality legal representation accessible to people who need it. Our focus remains on providing experienced guidance at a price point that doesn’t add financial stress to an already difficult situation.

Contact Kelly Thompson Family Law to schedule a consultation. We’ll discuss your circumstances, explain your rights under North Carolina law, and help you understand the path forward. You don’t have to navigate this alone. We’re here to provide the protection, care, and support you need during this transition.