DIVORCE

Requirements for Divorce

• Separation Period. In North Carolina, a married couple must live separately and apart for at least one year before filing for divorce.
• Residency. At least one spouse must have lived in North Carolina for six months before filing for divorce.
• No-Fault Divorce. North Carolina allows "no-fault" divorces, meaning you don’t need to prove wrongdoing like adultery or abuse.

Steps to File for Divorce. If everything goes smoothly, and the divorce is not contested, the steps are:

• File a divorce complaint with the Clerk of Court in the county where either you or your spouse resides.
• Serve the complaint on your spouse.
• Attend a court hearing for the entry of the Divorce Judgment.

There are any number of things that can stop the process. Common issues include: errors in the Complaint, inadequate service of the Complaint, and an incomplete file when the petitioner appears before the Court.

Additionally, the spouse receiving the Complaint has an opportunity to answer the Complaint. They may contest some of the asserted facts, or they may file counterclaims, including Child Custody, Equitable Distribution, or Spousal Support. This may not stop the divorce from being granted, but it will certainly complicate the process. 

Legal Representation. Hiring an attorney is not required but highly recommended to ensure your rights and interests are protected throughout the process. Currently, deLambert Stone handles divorces in Lee, Harnett, Chatham, and Moore Counties. Our standard rate is an $850 flat fee, which includes the cost of filing the action and serving the non-filing spouse

If you have questions, please call our office at 984-977-8390 or reach out through the Contact Us link to set up a consultation.