What Do I Need to Know About Getting a Divorce in North Carolina?

From the team at Huggins Law Firm, P.C., we want to start by saying one thing: we know this is hard.

Thinking about divorce is stressful. It’s scary. You are worried about your future, your children, and your finances. You are probably searching for the “best divorce lawyer near me” in Greensboro or High Point, and you are being flooded with information that is confusing and full of “legal-speak.”

We want to change that.

Our team has been helping families in North Carolina for decades. We have guided thousands of people through this exact process. Our job is to be your guide, to protect you, and to make this complicated process as simple as possible.This page is here to give you clear, simple answers about how divorce really works in North Korth Carolina.

Key Takeaways from This Page

We know you’re busy and stressed. If you only read one part, read this:

• You MUST Be Separated for One Year. North Carolina is a “no-fault” divorce state. This means you don’t have to prove someone cheated or did something wrong to get the final divorce. But you must live in two separate homes for one year and one day.
• “Divorce from Bed and Board” is NOT a Divorce. This is a very confusing term. It is a type of fault-based, court-ordered legal separation. It is not the final “Absolute Divorce” that ends the marriage.
• The “Divorce” is Just a Piece of Paper. The real issues are your property, your debts, your support, and your children.
• WARNING: Settle Your Property Claims BEFORE You Are Divorced! This is the biggest mistake we see. If you get your Absolute Divorce before you file a claim for “Equitable Distribution” (splitting property) or “Alimony” (spousal support), you can lose your right to ask for them forever. A good lawyer will protect you from this trap.
• You Don’t Have to Go to Court. The best divorce is one where you and your spouse reach an agreement out of court. This is called a “Separation Agreement,” and it’s the main goal for most of our clients.

What Is the 1-Year Separation Rule for a North Carolina Divorce?

This is the most important rule in North Carolina.

You cannot get a final, “Absolute Divorce” in North Carolina until you and your spouse have:

1. Lived physically separate and apart…
2. …for at least one year and one day.

What does this mean in plain English?

It means you must live in two different homes. You cannot just live in separate bedrooms in the same house. You must have two separate addresses.

It also means that at least one of you must have had the intent to get a divorce when you separated. This just means one of you moved out with the plan that this was the end of the marriage.

This one-year rule often surprises people. In fact, many states have much shorter waiting periods. This longer period in North Carolina gives couples a “cooling off” period. It also, more importantly, gives you time to work with your lawyer to sort out the real issues, like who gets the house and what the custody schedule will be.

“What If We Get Back Together for a Night?”

This is a question our lawyers get every single week. What if you and your spouse try to work things out? What if you spend a weekend together? Does the one-year “clock” restart?

The law says that “isolated incidents” of contact (like spending a night or two together) will not restart the clock.

However, if you truly “resume the marital relationship”—meaning you move back in together, tell your friends you’re back together, and act like a married couple again—then yes. The clock stops. If you separate again, you will have to start the one-year count all over from scratch.

This is a tricky area. It is one of the first things you should discuss with an experienced family law lawyer.

What Is the Difference Between “Absolute Divorce” and “Divorce from Bed and Board”?

This is the most confusing part of North Carolina family law.

Many people call our offices in Greensboro or Winston-Salem asking for a “Divorce from Bed and Board.” They think this is the normal divorce.

It is not.

Let’s break down the two types.

1. Absolute Divorce (This Is the Final Divorce)

This is the one you are thinking of. An “Absolute Divorce” is the final, legal document signed by a judge that ends your marriage.

• It is “no-fault.”
• This means you do not have to prove adultery, cruelty, or anything else.
• You only have to prove two things:
  1. You have lived separate and apart for one year and one day.
  2. At least one of you has lived in North Carolina for at least six months.

That’s it. If you can prove those two things, a judge will grant the divorce. This is the piece of paper that makes you legally single.

2. Divorce from Bed and Board (This is NOT a Divorce)

A “Divorce from Bed and Board,” or “DBB,” is a bad name for this.

A DBB is NOT a divorce. It does not end your marriage. You are still legally married.

So, what is it? A DBB is a court-ordered legal separation.

Unlike a no-fault Absolute Divorce, a DBB is fault-based. This means you must file a lawsuit and prove to a judge that your spouse did one of these things (as listed in N.C. General Statute § 50-7):

• Abandoned the family.
• Maliciously kicked you out of the house.
• Treated you with cruelty or endangered your life.
• Was excessively drunk or used drugs.
• Committed adultery.

So, why would anyone get a DBB?

A DBB is a powerful tool a lawyer can use for one main reason: to force the bad-acting spouse out of the house.

In North Carolina, you can’t just change the locks on your spouse, even if they cheated. You both have a right to live in the marital home. But if you file for and win a DBB, a judge can legally order your spouse to move out.

A DBB can also be used to help you get alimony and child support. It is a legal action filed by an “innocent spouse” against an “at-fault spouse.”

This is a very complex legal action. You absolutely need an experienced family law lawyer to handle a “Divorce from Bed and Board” case.

What Other Issues Must Be Settled Before an Absolute Divorce?

This is the most important section on this page. If you are handling your own divorce, please read this.

So many people in Asheboro, Burlington, and Kernersville try to file for their own divorce to save money. They go online, download a form, and file for their “Absolute Divorce” the day their one-year separation is over.

This is the biggest mistake you can make.

Filing for divorce is not the hard part. The hard part is protecting your future.

The “divorce” is just the legal end of the marriage. It does not automatically solve these three huge issues:

1. Equitable Distribution (Splitting your property and debt)
2. Alimony (Spousal support)
3. Child Custody & Child Support (Your kids)

The “Divorce Trap” That Can Cost You Everything

Here is the trap: In North Carolina, your rights to Alimony and Equitable Distribution die the moment a judge signs your Absolute Divorce judgment.

Let’s say that again.

If you file for divorce and the judge signs it BEFORE you have filed a legal claim for Alimony or Equitable Distribution, your right to ask for them is gone forever.

• You cannot go back a month later and ask for alimony.
• You cannot go back a year later and ask for your share of your spouse’s 401(k).

You will have lost those rights. Permanently.

This is where a good lawyer is not just helpful, he or she is critical. The team at Huggins Law Firm protects our clients from this trap. We will not file your final Absolute Divorce until we have either:

1. A signed Separation Agreement that solves all your property and support issues; OR
2. We have filed a lawsuit on your behalf for Alimony and Equitable Distribution to protect your claims in court.

(Note: Child Custody and Child Support are different. Because they are about the best interests of a child, these claims can always be filed or changed later, even after a divorce.)

What Is Equitable Distribution?

This is the legal term for splitting up your property. Our team helps you with this on our Property Division page.

• Marital Property: This is all the property and debt you and your spouse got during the marriage. It doesn’t matter whose name is on it. If you bought it while married (before you separated), it is likely “marital.” This includes the house, cars, bank accounts, 401(k)s, pensions, and credit card debt.
• Separate Property: This is property you owned before you got married, or gifts and inheritances you got just for you during the marriage.

The law says marital property must be split in a way that is “equitable,” which usually means 50/50. A lawyer’s job is to find all the property, value it, and fight for your fair share.

What Is Alimony?

This is also called spousal support. You can read more on our Spousal Support page.

Alimony is money paid by one spouse (the “supporting spouse”) to the other (the “dependent spouse”) after separation. You are a “dependent spouse” if you make much less money than your spouse and you cannot support yourself at the same level you were used to during the marriage.

Unlike child support, there is no simple calculator for alimony. A judge looks at many factors, like:

• How long you were married.
• The income of both parties.
• The “marital misconduct” (like adultery) of each party.

Adultery can have a huge impact on alimony. If the dependent spouse cheated, they might get zero alimony. If the supporting spouse cheated, the judge can award more.

This is a very complex issue that needs a lawyer.

How Do You File for Divorce in North Carolina? (A Step-by-Step Guide)

So, you have been separated for a year, and you have a plan for your property and kids. What is the actual process?

For our clients, we try to make this as smooth as possible.

Step 1: The Separation Agreement (The “Best” Way)

We strongly believe that the best divorce is one where you stay out of a courtroom.

Our lawyers work hard to negotiate a “Separation Agreement” for you. This is a private, legal contract between you and your spouse. It settles everything:

• Who gets the house.
• How the bank accounts are split.
• How the 401(k)s are divided.
• The exact alimony amount and schedule.
• The Child Custody schedule.
• The child support amount.

Once this is signed and notarized, it is a legally binding contract. This is the goal. It gives you control over your own life instead of letting a judge decide.

Step 2: Filing the “Complaint for Absolute Divorce”

If you have a Separation Agreement (or if you have filed your other claims), it is now safe to file for the final divorce.

A lawyer on our team will draft a “Complaint.” This is a simple legal document. It just states the facts: you were married, you have lived in NC for six months, and you have been separated for one year.

We file this with the Clerk of Court in your county (like Guilford County for Greensboro or Forsyth County for Winston-Salem).

Step 3: “Serving” Your Spouse

You must give your spouse legal notice that you have filed. This is called “service.”

You can’t just hand them the papers. You must have a third party do it, usually by:

• Certified Mail, or
• The Sheriff’s Department.

If your spouse agrees to the divorce, they can simply sign an “Acceptance of Service,” which makes it very easy.

Step 4: The Final Divorce Judgment

After your spouse has been “served,” they have 30 days to respond. If they do not contest it (and in a no-fault case, there is nothing to contest), your lawyer can schedule the final divorce.

In most counties, you do not even have to go to court. Your lawyer files the final paperwork, a judge reviews it to make sure the one-year rule is met, and the judge signs the “Divorce Judgment.”

At that moment, you are officially divorced.

A Look at Divorce in North Carolina: The Stats You Don’t Hear About

As lawyers, we see the real-life stories behind the numbers. Here are some statistics that show what is really happening.

• Who Files for Divorce? You might be surprised. A study from the American Sociological Association found that women initiate nearly 70% of all divorces. In our experience, this is often because the woman is the one who finally decides to take action to fix a bad situation.
• The Rise of “Gray Divorce.” Divorce is not just for young couples. According to the Pew Research Center, the divorce rate for people over 50 has doubled since the 1990s. We handle many of these cases, which involve complex issues like splitting pensions, retirement accounts, and Social Security.
• The Financial Hit is Real. This is why a good lawyer is so important. Data from the U.S. Census Bureau shows that after a divorce, a woman’s household income can fall by 37%. Our job is to fight for the alimony and property you are entitled to, so you are not left in financial ruin.
• North Carolina’s Divorce Rate. According to theCDC, North Carolina’s divorce rate is about 3.1 per 1,000 people. This is right around the national average. If you are going through this, you are not alone.

Why Do I Need a Local Lawyer for My Divorce in Greensboro, Winston-Salem, or Burlington?

You may be searching online for “best divorce lawyer near me.” There is a good reason for that. Family law is very local.

The lawyer you hire should be familiar with the other lawyers and, most importantly, the judges in your district.

A lawyer who works in Greensboro (Guilford County) every day knows the specific local rules for that courthouse. They know what to expect from the judges.

This is very different from the way things might be done in Graham (Alamance County) or Asheboro (Randolph County).

Our team at Huggins Law Firm is in the family courts in Greensboro, High Point, Winston-Salem, Kernersville, Burlington, Graham, and Asheboro all the time. We are a part of these communities. We know the local system.

Having a local, experienced family law lawyer is a huge advantage. It can save you time, money, and stress by knowing how to get things done right the first time in your specific county.

Our Firm Is Here for You

We know you have more questions. This is a long and difficult journey, and you should not walk it alone.

The team at Huggins Law Firm has decades of experience in Family Law, Criminal Law, and Personal Injury. We are here to answer your questions and build a plan to protect you.

If you are thinking about separation or divorce, call us. Let’s sit down and just talk about your options.