8:30 - 5:00

Mon - Thur (Friday 8:30-1:00)

919.803.6778

Call Us For Free Consultation

Facebook

Twitter

Search
Menu
 

Divorce

A

Raleigh Family Law and Divorce Lawyers

The end of a marital relationship can entail many difficult aspects including child custody, child support, alimony and the division of property. The order entered by the Court ending the legal relationship between the parties is called a divorce.

Divorce in North Carolina is a court’s formal declaration that legally ends a marriage. North Carolina is a “no-fault” divorce State, meaning that the grounds for a divorce are not as complicated as requirement of proving adultery, domestic violence, or abandonment as is required in some other States. There are also other grounds for divorce such as incurable insanity.

In order to file for a divorce in North Carolina, a person must have lived in North Carolina for at least six months prior to filing for the divorce, the spouses must have been separated for more than a year prior to filing, and one of the parties had to have intended the separation to be permanent. For the most part, the actual divorce is the “easy part” of the dissolution process. However, there are circumstances in which the issues of intent to separate, jurisdiction, and service can play important roles. Additionally, once a divorce is granted, there are many rights that can be lost by a person if they have not adequately protected their marital rights prior to the divorce judgment being signed.

An uncontested divorce legally ends a marriage. It does not resolve alimony, property division, or child custody issues. An uncontested divorce can be the final step if those issues have already been decided or if they don’t apply to you. The McNeil Law Firm’s fee for an uncontested divorce case is $800 including court costs.

Contact us today to find out if filing for an uncontested divorce is right for you and how to get started.

Get an Uncontested Divorce for a Flat Fee of $800.*

Contact us today to get started.

At the McNeil Law Firm, we understand that your divorce situation will affect many parts of your life, your future and the future of your family. Contact the McNeil Law Firm today to schedule a confidential consultation regarding your divorce. For more information on the divorce process, including annulments, please review our Divorce FAQs page and our Divorce Case Law & Statutes page.

*This Flat Fee includes Civil Filing Fees, Motions Fee and standard service of process fees for either Sheriff’s Service or Certified Mail. Additional fees may be charged for service by publication, repeated unsuccessful service attempts or difficulty in service of process and in the event that personal service is necessary.*

This website contains general information about common family law and criminal law matters in North Carolina. However, please remember that every criminal, traffic, divorce or family law case is different. Websites are no substitute for genuine legal advice from an attorney and the information here may not apply to your specific case.

Family Law

  • Grounds For Divorce In NC
  • Alienation of Affection
  • Alimony
  • Child Custody
  • Child Support
  • Divorce And Separation FAQS
  • Divorce Case Law & Statutes
  • Domestic Violence
  • Separation Agreements
  • Proof Of Separation
  • Separation Topics
  • Property Division

The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law. The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind. The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.

STOP WORRYING….    Get your questions answered now!

a

Divorce FAQ’s

I am thinking about leaving my spouse. Is there anything I should consider before I move out of the house?

There are many very important factors to consider before you move out of the house. First, keep in mind that many of the decisions you make now could have long-lasting implications.

How do I obtain a divorce in North Carolina?

In the State of North Carolina, obtaining a divorce is essentially a three-step process.

I am worried that a divorce is going to be very expensive. Is there anything I can do to keep the costs down?

Yes there are quite a few things you can do to reduce the costs associated with divorce. Contrary to what you might have been led to believe, most experienced and respected family law attorneys sincerely want to help you resolve your issues as easily and cheaply as possible.

Are there any requirements for being considered “officially separated”?

Yes, there are some requirements. One is that you must live “separate and apart” – i.e., living in separate residences during this time period, NOT in the same house. As long as you remain in the same house, you will not be considered separated.

When am I legally separated?

Separation in North Carolina occurs on the date that a husband and wife move into separate residences with the intent of one of them to live separate and apart from the other.

If my spouse and I see each other during the period of separation, and anything intimate occurs, does that automatically reset the date of separation?

During the period of separation, an isolated incident of intimacy, including sexual intercourse, does not necessarily mean that the spouses have reconciled, requiring that a new one-year waiting period is required for a divorce.

What is a “separation agreement”?

A separation agreement is a legally binding contract that outlines the intentions of both parties on a variety of issues.

Do I need a written Separation Agreement to be legally separated?

In North Carolina you are separated when you first begin to live separate and apart from your spouse.

Can I draft a separation agreement without a lawyer?

Yes, however all too frequently people who draft their own agreement end up making costly mistakes that they regret.

Yes, however all too frequently people who draft their own agreement end up making costly mistakes that they regret.

Generally no – the courts usually take your word for it, unless one spouse decides to contest the assertion that you have been separated for that period of time or that there was no intention to remain separate and apart.

On what grounds can I file for divorce?

North Carolina divorce laws provide two grounds for divorce.

What if my spouse does not want the divorce?

In North Carolina, you can obtain a divorce whether or not your spouse wants to be divorced.

How long does a divorce take in the State of North Carolina?

After the period of separation and the filing and service of the divorce complaint, it usually takes about 45-60 days for the divorce to become final.

Does a divorce take longer if there are children involved?

In North Carolina the required period of separation is the same regardless of whether there are children involved.

Generally speaking, how does the infidelity of a spouse affect the divorce process in North Carolina?

The issue of infidelity has almost no impact on the divorce itself; the actual entry of the divorce judgment. Infidelity can and often does have a significant effect on the court’s decisions in the areas of alimony and custody.

Is it safe for me to start dating as soon as my wife and I are separated?

As with many answers to legal questions surrounding divorce, that depends! In this case, it depends on many factors including a) what you mean by “is it safe?” and b) if there are children involved. An experienced family law attorney can discuss this with you in greater detail and advise you as to the “safety” of dating now.

Will I have to appear in court and testify before a judge at any point during the divorce process?

The answer to this question depends on the extent to which you and your spouse are able to resolve the issues on your own, with or without the assistance of lawyers. Oftentimes, even after extensive negotiations between the parties, important issues remain unresolved (contested).

What is an annulment, and when is it an option?

An annulment means that the court makes a determination that the parties were never legally married to begin with. In North Carolina, grounds for annulment are extremely limited. The laws surrounding annulments are complicated, and there are always specific circumstances to be considered.

What is an “absolute divorce”?

“Absolute divorce” is the term used for the declaration by a court that the marriage has been dissolved.

STOP WORRYING….    Get your questions answered now!

a

See What Our Clients Say About McNeil Law Firm

Claudia N. McClinton - John P. McNeil - Belinda Sukeena

The caring, sensitivity given by staff for your situation

Rebecca Gailewicz

Claudia is the best! Love this woman. She made my life better not just legally but also by being my friend. Thank you so much for being you.

Joseph Collins

My primary choice for recommendation on Family Law and Mediation. I have known them for years and they are one of the key places that understands and is effective with Father issues. I learned about them when I was helping with the Raleigh Men's Center years ago. I would also recommend them to a woman and Mother as well. Thanks for doing such a good job with the clients I have recommended to you they always come back and thank me.

Martin Brossman

Claudia rocks!

Katherine Fisher

Claudia is an amazing attorney....but she is much more than just an attorney. She is a wonderful, caring, compassionate and loving lady. And best of all, a Friend.

Penny Lee Winfree 

John McNeil and the attorneys who work with him are absolutely awesome. John has mediated many extremely difficult, complex divorce cases for my clients and me, and every single time, we have reached a settlement. He is very knowledgeable and has the right temperament to persuade and explain things to people while also making them feel heard. His staff are also professional, kind, and efficient. I will continue to use John McNeil as a mediator in my family law cases and highly recommend him!

Judy Tseng

a

Resources 

Call Us Now

Sometimes you just need answers right away
Please don’t hesitate to give us a call

CALL TODAY 919.803.6778

Call Now!

General Questions?

Family Law, Business Law, Civil Litigation
Wills & Trusts, Mediation

Schedule a Free Consultation!

Free Consultation

Read Our Blog

Find the most frequently asked questions
on our blog or just…

Send us a message

Send a Message

a

Free Consultation

The purpose of the initial consult will be to discuss McNeil Law capabilities, costs/fees and client expectations.

  • Initial Consultation – scheduled phone consultation limited to 15 minutes
  • Cost: NO charge
  • No personal details regarding your case will be discussed
  • This consultation does NOT constitute an attorney/client relationship

We feel it’s important to develop a good working relationship and can schedule an appointment during this consult should you wish to discuss specific details regarding your situation. During the consult, we will let you know what information we will require in order to move forward should you desire.

Blog Posts & Categories

Categories

a

Areas We Serve

McNeil Law Firm, PLLC serves clients in the Triangle area of Raleigh, Durham and Chapel Hill including Apex – Cary – Fuquay-Varina – Garner – Holly Springs – Knightdale – Morrisville – Raleigh – Rolesville – Wake Forest – Wendell – Zebulon and surrounding areas.

The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law. The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind. The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.

STOP WORRYING….    Get your questions answered now!