Ending a marriage is never easy. Along with the emotional uncertainty, many people feel overwhelmed by the legal steps involved in getting divorced. If you live in Cary, Raleigh, Wake Forest, or anywhere in Wake County, understanding the North Carolina divorce process can help you move forward with clarity and confidence.
North Carolina’s laws are straightforward in some ways, but timing, documentation, and protecting your rights all matter. Working with an experienced divorce lawyer like Jonathan Breeden and his team can save you from extreme headaches. Call (919) 480-8005 now.
Understanding North Carolina’s Divorce Requirements
Before filing for divorce in North Carolina, you must meet certain legal requirements. These rules apply the same across Wake County, Johnston County, Harnett County, and elsewhere in the state.
The One-Year Separation Requirement
North Carolina is a no-fault divorce state. You do not have to prove wrongdoing or place blame. Instead, state law requires:
- You and your spouse must live separate and apart for one continuous year
- You must reside in different homes (not just separate bedrooms)
- One spouse must intend for the separation to be permanent
If you reconcile and move back in together during this period, even briefly, the clock resets. Occasional communication or interacting for childcare does not count as cohabitation. What matters is whether you resumed living together under one roof.
Residency Requirement
At least one spouse must have lived in North Carolina for six months prior to filing. If you live in Cary and your spouse has relocated out of state, you can still file in Wake County as long as you meet the residency rule.
Do You Need a Separation Agreement?
A separation agreement is not required in order to divorce, but many couples choose to create one. It can address:
- Property division
- Debt allocation
- Alimony or post-separation support
- Custody and visitation
- Child support
A well-drafted separation agreement can help avoid conflict later and keep the court process more efficient.
Step 1: Separation and Preparing for Divorce
The first step is establishing the one-year separation. But many people in Cary and the surrounding area use this time to prepare for what comes next.
Clarify Your Financial Picture
Before filing, it helps to gather documents such as:
- Tax returns
- Bank statements
- Mortgage information
- Credit card balances
- Retirement and investment accounts
These will become important when dividing marital assets and debts.
Consider Temporary Support or Custody Needs
During the separation period, you may need temporary arrangements for:
- Child custody and scheduling
- Child support
- Post-separation support (temporary alimony)
An attorney can help you request these protections while you wait to file for absolute divorce.
Step 2: Filing for Absolute Divorce
After one year of separation, either spouse may file a complaint for absolute divorce.
Documents You Need to File
Most Wake County divorces require the following documents:
- Complaint for Absolute Divorce
- Civil Summons
- Domestic Civil Action Cover Sheet
- Service Members Civil Relief Act Affidavit
These forms must be filed in the clerk’s office for the county where either spouse resides, such as the Wake County Courthouse in downtown Raleigh.
Filing Fees
The filing fee for divorce in North Carolina is typically $225, plus any additional costs for service.
Verification Requirements
Your complaint for divorce must be verified, meaning it must be signed in front of a notary. If this step is skipped or done incorrectly, the court may reject your filing.
Step 3: Serving Your Spouse
After filing, your spouse must be formally notified.
Acceptable Methods of Service
North Carolina allows several approved methods:
- Sheriff’s service
- Certified mail
- Designated delivery service such as UPS or FedEx with signature confirmation by your spouse
- Service by publication (only if you truly cannot locate your spouse)
Hands-on delivery or regular mail is not allowed for initial service. If your spouse lives outside North Carolina, you must follow that state’s service rules.
Tracking and Confirming Service
Courts require proof that your spouse received the documents. If you use certified mail or a delivery service, you must file the receipt with the clerk. For sheriff service, the sheriff’s office will provide the necessary documentation.
Step 4: Waiting Period and Preparation for Hearing
Once served, the other spouse has 30 days to respond. Many Cary-area residents use this time to finalize the issues surrounding divorce.
Resolving Custody, Support, and Property Division
It is essential to understand that obtaining an absolute divorce ends certain rights if they have not already been claimed, including:
- Alimony
- Equitable distribution of property
To protect these rights, you must raise them before the divorce is granted. If you wait until after the judge signs the order, you may lose the ability to pursue them.
Mediation Options in Wake County
Many couples choose mediation to resolve disputes before heading to court. Mediation is often:
- More cost-effective
- Faster
- More private and cooperative
Wake County courts frequently encourage mediation for custody and financial issues. A neutral mediator can help both spouses reach solutions outside the courtroom.
Step 5: Scheduling and Attending the Divorce Hearing
Once the 30-day response period has passed, you can schedule the actual divorce hearing.
Getting a Court Date
Each county has its own scheduling system. In Wake County, divorces for unrepresented parties are often placed on specific calendars, while attorneys may schedule hearings differently. When you receive your court date, you must send a Notice of Hearing to your spouse. At this stage, regular mail is allowed.
What You Must Bring to Court
Be prepared with:
- A proposed divorce judgment (multiple copies)
- Certificate of Absolute Divorce/Vital Records form
- Proof of service
- Your marriage date and separation date
- Any agreements already reached
Even though absolute divorce hearings are usually brief, you must be prepared to testify about the basic facts of your separation.
What Happens at the Hearing
The judge will review your documents, confirm that you meet North Carolina’s legal requirements, and sign the divorce judgment. Once signed, the marriage is officially dissolved.
Step 6: After Your Divorce Is Granted
Once the court enters the judgment, a few final steps remain.
Sending a Copy to Your Spouse
You must mail your spouse a copy of the signed order. This is a simple step but required to close out the case properly.
Addressing Remaining Family Law Issues
If issues like alimony, equitable distribution, or custody have not been resolved before the divorce, they must already be pending in court. Otherwise, you may lose the right to pursue them. Post-divorce, many Cary-area residents still need help with:
- Modifying custody or support
- Enforcing separation agreements
- Updating estate planning documents
- Changing names and updating identification
Additional Considerations for North Carolina Divorces
Every divorce looks a little different, and North Carolina law includes several additional factors that may apply.
Military Divorce in the Cary and Raleigh Area
Service members and their spouses often face unique issues when they try to get a divorce in the military, such as residency questions, deployment schedules, and federal protections for military pensions.
Interstate Divorce
If your spouse has moved out of state, you can still seek an absolute divorce in North Carolina as long as you meet the residency requirement.
Marital Misconduct and Alimony
Marital misconduct, such as adultery, can influence whether alimony is awarded and in what amount. Even though North Carolina is a no-fault divorce state, misconduct still matters in support cases.
Alienation of Affection and Criminal Conversation Claims
North Carolina allows claims against a third party who interfered in the marriage. These claims are separate from the divorce itself, but they sometimes arise during the process.
How Long Does the Divorce Process Take in North Carolina?
The timeline varies, but most divorces proceed as follows:
- One year of separation
- One month for service and response
- Court scheduling, typically adding several more weeks
From the date you file, many Wake County divorces take one to three months to finalize, assuming no complex disputes remain. Highly contested issues, such as custody or high-asset property division, can extend the overall process substantially. Mediation or negotiated settlements typically lead to faster resolution.
Why Work With a Cary Divorce Lawyer?
While North Carolina allows self-filed divorces, many people choose to work with an attorney to avoid errors and protect their rights. Divorce filings must be precise, deadlines matter, and the consequences of missteps can be long-lasting.
A knowledgeable Cary divorce lawyer can help you:
- Navigate Wake County’s electronic filing system
- Protect claims for property division and support
- Prepare required forms and documents
- Ensure your spouse is served properly
- Represent you at hearings
- Provide guidance on child custody and financial issues
You deserve to focus on building the next chapter of your life. Having a lawyer manage the legal process allows you to do exactly that.
Contact a Cary Divorce Lawyer for Help with the Process
Divorce is emotionally draining, and the legal steps can feel intimidating. But you do not have to navigate the process alone. Whether you are in Cary, downtown Raleigh, or elsewhere in Wake County, an experienced family law attorney can guide you through the separation period, paperwork, negotiation, and final hearing.
Understanding how the process works is the first step. Getting the right support is the next. If you are thinking about filing for divorce or already preparing paperwork, consider speaking with a Cary divorce lawyer who can help ensure your rights are protected from the beginning.
