Divorce Litigation in Wake County | Divorce Lawyer

Divorce Litigation

McKnight Law helps people just like you negotiate separation agreements and file for absolute divorce.

Divorces in Wake County

When you got married, you thought it would last forever. Unfortunately, it didn’t work out, and now, you’re ready to move forward with a divorce. You aren’t alone. North Carolina has one of the highest divorce rates in the country, averaging 3.1 divorces per 1,000 people. However, it also has some of the most complex divorce laws, including a requirement to separate for a year and one day before being granted a divorce.

Due to the complexities of the law, hiring a Wake County divorce lawyer is important. Your attorney can ensure that you meet all the legal requirements for a divorce. In addition, your lawyer can help settle child custody, child support, alimony, and more.

Requirements for Divorce in North Carolina

Your Wake County divorce lawyer will discuss the legal requirements with you. In order to file, you must:

Have been separated for one year and one day
Currently live in North Carolina
Lived in North Carolina for the previous six months or longer

Separation Requirements For Filing For Divorce

North Carolina is a no-fault divorce state, meaning you can apply for and receive an absolute divorce after you’ve been physically separated for at least one year and a day. You don’t need to have a separation agreement to prove the separation. However, one spouse must move out of the home with the intention of separating and ending the marriage.

The separation must be uninterrupted. If you briefly move back to the home and then out again, that may well restart the one-year clock… If you “hold yourself out” as a married couple, that may also restart the clock.

This can be quite confusing, so consult with a Wake County divorce lawyer before moving forward. Your attorney can advise you of the legal requirements so you can get a divorce.

Divorce From Bed And Board

A divorce from bed and board is also a legal remedy in North Carolina. You could file for this if your spouse committed marital misconduct that led to the breakdown of the marriage. There are various grounds to file for a divorce from bed and board, including domestic violence, excessive drug or alcohol use, and adultery.

A divorce from bed and board is not an absolute divorce. Instead, it is a judicially imposed separation. Like any separation, you can litigate or negotiate the issues of child custody, alimony, and more during the separation before getting an absolute divorce.

Obtaining a divorce from bed and board can impact child custody, alimony, and child support. Speak to your Wake County divorce lawyer to determine if a divorce from bed and board is the right legal strategy for you.

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Call Us: (919) 413-7002

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Tell Us About Your Case

Call Us: (919) 413-7002

*Required Fields

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Our Areas of Practice

Why Choose McKnight Law

Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.

Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.

Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.

Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.

Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.

Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.

Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.

Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.

Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.

Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.

Equitable Distribution

If you go to court for your divorce, the court will follow the law of equitable distribution to divide your assets. These laws govern the allocation of retirement accounts, stock holdings, and even heirlooms. If you want to avoid the court dividing your property, your Wake County divorce lawyer can negotiate with the other side and represent you at mediation. You can also create a separation agreement that outlines who gets what in the divorce.

How Long Does A Divorce Take?

For an absolute divorce, your spouse has 30 days to respond after receiving divorce papers. When the waiting period elapses or your spouse responds, the divorce can move forward. On average, most people are legally divorced within 45-60 days of filling. You can expedite the process by working with an experienced attorney who can make sure all divorce documents are filed correctly and on time.

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested. Submitting this form does not create an attorney-client relationship. We will not respond to solicitations or inquiries regarding employment.