Divorce can feel overwhelming, but you don’t have to go through it alone. At Strive Law Firm, we're here to guide you through the process, offering clear, compassionate, and strategic advice every step of the way. Whether you're facing a straightforward uncontested divorce or navigating a more complex situation, we make sure you understand your rights and options.

DIVORCE

UNDERSTANDING DIVORCE IN NC

North Carolina is a no-fault divorce state, meaning you don't have to prove wrongdoing to end the marriage. You only need to meet the state’s residency and separation requirements:

  • Residency: One spouse must have lived in North Carolina for at least six months.
  • Separation: You and your spouse must live separately for at least one year before filing for divorce.

Living "separately" means physically living in different residences, and at least one spouse must have intended the separation to be permanent. This one-year waiting period can be challenging, but it is a legal requirement before filing for a final divorce.

There are two main types of divorce: contested and uncontested. Understanding the differences between them can help you determine which path is best for your situation. If you and your spouse agree on major issues like property division and alimony, you can pursue an uncontested divorce, which is typically faster and less stressful. However, if there are disputes about finances or custody, we can help you through a contested divorce, where negotiations or court intervention might be needed. At Strive Law Firm we can help with both types of divorce.

WhY YOU NEED A DIVORCE ATTORNEY

Divorce is not just an emotional decision; it’s a legal process that can have long-lasting financial and personal impacts. Hiring an experienced divorce attorney ensures that your rights are protected, and you fully understand the implications of your decisions. Whether you're going through an uncontested divorce or facing disputes over property and support, we provide guidance to help you make informed choices.

Our team will handle the legal aspects of your case, allowing you to focus on moving forward with your life. From filing paperwork to representing you in court, Strive Law Firm will be by your side every step of the way.


TIMELINE & PROCESS

FILING FOR DIVORCE

After the one-year separation period, you can file for divorce in your local county court. We will prepare and file the necessary paperwork on your behalf.

The timeline for a divorce varies depending on the specifics of your case. For uncontested divorces, the process can take as little as a few months after the required one-year separation period. Contested divorces, however, can take significantly longer, particularly if the case requires multiple court appearances or mediation sessions to resolve disputes.

SERVING YOUR SPOUSE

Once the divorce complaint is filed, your spouse must be formally notified (served) with the divorce papers.

THE
RESPONSE

Your spouse has 30 days to respond to the divorce complaint. If they don’t respond, the court may proceed with a default divorce.

RESOLUTION
OF ISSUES

In contested cases, there may be negotiations, mediation, or court hearings to resolve disputes regarding property division, alimony, and child custody.

FINAL DIVORCE DECREE

Once all issues are resolved, a judge will issue a final divorce decree, officially ending the marriage.

Property Division/Equitable Distribution in Divorce

Dividing property during a divorce can be complicated, especially if you and your spouse own significant assets or have complex financial arrangements. In North Carolina, marital property is generally divided according to equitable distribution. This means the court will attempt to divide assets in a way that is fair, but not necessarily equal.

Marital property includes assets and debts acquired during the marriage, while separate property includes anything you owned before the marriage or acquired by gift or inheritance. Determining what qualifies as marital or separate property can be complex, and our attorneys are here to help you protect your interests throughout the division process.

Some factors the court may consider when dividing assets include:
  • The length of the marriage
  • Each spouse’s financial situation
  • Contributions to the marriage, including non-economic contributions such as raising children
  • Any tax implications or potential financial consequences

Alimony and Spousal Support

Alimony, or spousal support, may be awarded to one spouse in a divorce. The purpose of alimony is to provide financial support to the spouse who may have been financially dependent during the marriage. North Carolina courts take into account several factors when determining alimony, including:

  • The duration of the marriage
  • Each spouse’s income and earning capacity
  • The standard of living during the marriage
  • The needs of the spouse requesting support
  • Any marital misconduct (e.g., infidelity, abandonment)

Alimony awards can be temporary (meant to help a spouse transition into financial independence) or permanent, depending on the circumstances. Our team can help you understand whether you’re entitled to receive alimony or if you may be required to provide support after the divorce.

unmatched communication

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