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Divorce Litigation

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

Divorces in Wake County

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

  • 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 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 divorce lawyer to determine if a divorce from bed and board is the right legal strategy for you.

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, we 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. Learn more about Equitable Distribution.

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.

John and his team were a pleasure to work with. They kept me informed and up-to-date throughout the process, and everything was handled correctly and without delay, which I very much appreciated. I highly recommend McKnight Law!

— Michael M.

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