What Is the First Step in Divorce in North Carolina?
Deciding to divorce can be a challenging journey. Whether you’ve been thinking about it for a long time or a sudden change has put you in this position, it’s normal to feel overwhelmed and uncertain about where to start. If you’re considering divorce in North Carolina, the first step is understanding the legal foundation for ending your marriage and what you need to do to start the process.
Separation: The True Starting Point
In North Carolina, the legal divorce process does not begin with filing paperwork—it starts with separation. According to state law, you and your spouse are required to live separately for a minimum of one year, intending for the separation to be permanent, before you can initiate a request for an absolute divorce.
This means more than just sleeping in separate bedrooms or leading separate lives under the same roof. One spouse must relocate to meet the legal requirement, and both must keep separate residences. If you briefly reconcile during the separation period, the one-year clock may reset, depending on the circumstances.
Why the Date of Separation Matters
Your “date of separation” is a critical detail in any North Carolina divorce. This date marks the beginning of the one-year waiting period and impacts the division of marital property, potential alimony, and even child custody arrangements.
To solidify this date:
- One spouse must physically move out of the shared home.
- At least one party must intend the separation to be permanent.
Documenting your separation, even informally, is a good idea to help avoid disputes later. This could be done through a written agreement, an email, or a notarized letter confirming the date and intention to separate.
Consult with a North Carolina Divorce Attorney
While separation is the first legal step, you should first consider consulting with a family law attorney. Divorce is not just the legal end of a marriage—it also involves dividing assets, arranging custody, and potentially addressing spousal support. An experienced divorce attorney can explain your rights and obligations, help you plan for the future, and avoid costly mistakes.
Addressing Key Issues During Separation
Many important legal matters can—and should—be addressed before the divorce is finalized. These include:
- Child custody and visitation: Create a temporary or permanent parenting plan that outlines custody schedules and parental responsibilities.
- Child support: Determine support obligations using the North Carolina Child Support Guidelines.
- Spousal support (alimony): If one spouse may be entitled to financial support, these discussions often begin during the separation period.
- Property division: North Carolina follows equitable distribution, meaning marital property is divided fairly (though not necessarily equally). Starting this process early can help avoid conflict later.
Filing for Divorce
Once you’ve been separated for one full year, you become eligible to file for absolute divorce in North Carolina. While the legal process of filing for divorce is generally procedural, especially if matters like property division, custody, and support have already been addressed, every case is unique and can involve unexpected complexities.
In addition, North Carolina operates as a no-fault divorce state. This indicates you are not required to prove any wrongdoing by your spouse. The one-year separation period is the only legal requirement to file.
Contact Our Legal Team To Learn More
The first step in a North Carolina divorce is not filing paperwork—it’s living separately for one full year with the intent to end the marriage. However, the smartest first move is to speak with a knowledgeable divorce attorney who can help you navigate the separation process, protect your rights, and prepare for life after divorce.
If you’re considering divorce or have questions about what to do next, contact the Law Office of Stephen E. Robertson today. We’re here to guide you through every step with compassion, clarity, and experience.