Family Law Services in Raleigh, North Carolina

Absolute divorce is a significant family law matter that legally terminates a marriage. In North Carolina, a couple files a Complaint for Absolute Divorce and the entry of a judgment for divorce. During this time, before the marriage is dissolved, the two spouses must either resolve or have a judgement in place in all matters and claims of property division (equitable distribution) and before the divorce is finalized. Once a judge signs off on the divorce and the marriage is dissolved, you can’t go back and claim property or alimony.

Even if there is no property to separate or any kind of child support or spousal support, and both parties simply want to go their separate ways, it’s still important to consult with an experienced divorce attorney prior to filing to ensure your rights are protected and the paperwork is filed properly.

North Carolina requires a party seeking a divorce to prepare and file (or have an attorney file on their behalf) a Complaint for Absolute Divorce, accompanied by a Civil Summons and any other locally required filings, such as cover sheets.

In the Complaint, the Plaintiff or moving party must allege:

• They were married on a certain date;
• Are still married;
• Have been separated for at least twelve months with at least one party intending that separation to be permanent;
• The parties have not at any time since the date of separation resumed the marital relationship;
• Name any minor children born to the marriage, including dates of birth;

In other words, you and your spouse must have been separated for at least 12 months and one day, and at least one of you must have intended the separation to be permanent. You must also allege that you remained separated and did not resume the “marital relationship” during the 12 month separation period.

Other technical language (such as allegation of jurisdiction, status of parties, prayer for relief, etc) is required or advisable, however the aforementioned statements are the core of the divorce complaint. One must also make certain to file the documents in the appropriate state and county. In Raleigh, you will file with Wake County. See N.C.G.S § 50-8 for additional information.

North Carolina requires no “proof” beyond a verified or sworn statement making the required allegations which are included in the divorce complaint. Only if the other party disputes the accusations, then additional evidence may be necessary to convince the court that your allegation of the date of separation is correct.

This rarely happens, but on occasion, one party will file an Answer to the Divorce Complaint claiming the separation date was false or that they had resumed the marital relationship at some point during the separation period, while the other party may admit or deny those allegations. In that event, the court will hear evidence and decide based on the greater weight of the evidence.

A hearing for the divorce finalization will be placed on a court calendar and both parties will be made aware of the date. Assuming everything is in order, the judge will grant the divorce. Often, your divorce attorney will make use of Motions for Summary Judgment or Divorce before the clerk in order to spare their client a trip to court. If you are representing yourself, you will have to appear and testify in your divorce case as to the basic elements you alleged.

Finally, a judgment ordering your divorce must be signed and filed by the judge. A certificate of divorce will also be prepared and filed for the record.

The most common legal family matters typically involve issues related to divorce, child custody, and child support.

Divorce cases often include disputes over the division of marital property, spousal support, and custody of children. Child custody cases can be particularly complex, as they require courts to determine what arrangement is in the best interest of the child. Child support cases, whether during or after a divorce, focus on ensuring that children receive adequate financial support from non-custodial parents. Other common family law cases include adoption, paternity disputes, domestic violence, and prenuptial agreements.

Each of these areas can involve significant emotional, financial, and legal challenges, making skilled legal representation essential for those navigating family law matters. Our law office provides comprehensive support and representation for various family law cases, ensuring clients receive knowledgeable and dedicated assistance.

In North Carolina, a family lawyer provides legal assistance and representation for individuals facing a variety of family-related issues. Their role includes guiding clients through the legal process in cases such as divorce, child custody disputes, child and spousal support, adoption, and prenuptial or postnuptial agreements. Family lawyers help clients negotiate settlements, draft legal documents, and represent them in court when disputes cannot be resolved through mediation or negotiation.

Additionally, they provide critical support in domestic violence cases, helping victims secure protective orders and ensuring their safety. Family lawyers in North Carolina also handle complex matters like property division and alienation of affection claims, ensuring their clients’ rights are protected and their cases are presented effectively.