Family Law

Law Office of Stephen E. Robertson – North Carolina Trusted Divorce Attorneys

Experienced Divorce Attorneys in Greensboro and Durham NC

Ending a marriage is never easy. It can affect nearly every part of your life including your family relationships, your financial stability, your emotional well-being, and your long-term plans for the future. At the Law Office of Stephen E. Robertson, PLLC, we understand that divorce is not simply a legal process. It is a deeply personal experience that requires compassion, strong legal guidance, and a clear understanding of North Carolina law. For more than twenty years, our firm has represented individuals and families throughout Greensboro, Durham, and the surrounding communities with skill, professionalism, and care.

Our experienced divorce attorneys provide a supportive environment for every client who walks through our doors. Whether you have just made the difficult decision to end your marriage or you are already facing court proceedings, our team is prepared to help you move forward. We believe every client deserves high-quality representation that not only protects their rights but also empowers them to build a brighter future.

couple going through divorce

Call today to learn more about how we can ensure your rights and interests remain protected during your divorce.

Compassionate and Experienced Representation in North Carolina

Choosing the right attorney is one of the most important decisions you will make during a divorce. You need someone who will listen to your concerns, understand your goals, and offer practical advice designed for your unique situation. At the Law Office of Stephen E. Robertson, we do more than prepare legal forms and attend hearings. We work closely with you to develop a strategy that aligns with your needs and puts your family’s well-being first.

We always encourage clients to consider collaborative divorce when appropriate. Collaborative law allows spouses to resolve issues outside the courtroom through open discussion, guided negotiations, and mutual agreements. This approach can save time, reduce stress, and protect children from unnecessary conflict. However, we also recognize that collaboration is not possible for every couple. If your spouse is unwilling to cooperate or if important matters are contested, our attorneys are fully prepared to advocate for you in court and pursue a fair outcome.

Whether your divorce involves children, significant assets, business interests, or a long marriage, our firm has the experience and resources to guide you through it with clarity and confidence.

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Is North Carolina a No-Fault State?

Yes. North Carolina is considered a no-fault divorce state, which means neither spouse has to prove wrongdoing to end the marriage. You do not need to show evidence of infidelity, abuse, abandonment, or other faults in order to obtain a divorce. Instead, the law focuses on two simple requirements that must be met before filing.

1. The Separation Requirement

Spouses must live in separate residences for a full year before either person can file for divorce. This is one of the most distinctive features of North Carolina family law. The spouses must not live under the same roof during this twelve-month period. You do not need a legal separation agreement, although many couples choose to create one to address child custody, spousal support, and property division during the separation period.

2. The Residency Requirement

Either you or your spouse must have lived in North Carolina for at least six months prior to filing. This requirement ensures that the state has proper jurisdiction over the divorce.

Once these two requirements are met, either spouse may file for divorce even if the other spouse does not want the marriage to end. Refusal or disagreement does not prevent the court from granting a divorce.

By meeting these two qualifying criteria, either spouse may file for a divorce, regardless of whether one party does not want to divorce.

  • From start to finish, the process of getting divorced was made incredibly easy and stress-free.

    I had a fantastic experience with the Law Office of Stephen E. Robertson. From start to finish, the process of getting divorced was made incredibly easy and stress-free. The team was professional, responsive, and always took the time to explain everything clearly. They handled all the paperwork efficiently and kept me informed every step of the way. What could have been a very overwhelming process turned out to be smooth and convenient thanks to their guidance and support. I truly appreciate the care and expertise they provided. Highly recommend!
    Keith

Divorce from Bed and Board

Although North Carolina follows no-fault divorce rules, there is an important concept known as divorce from bed and board. Despite the name, this is not an actual divorce. The couple remains legally married and cannot remarry. Instead, it is a form of court-ordered separation that can provide protection to a spouse who has been mistreated.

A divorce from bed and board is often used when one spouse is experiencing physical abuse, emotional abuse, or other harmful behavior that makes living together dangerous or intolerable. This court action can address important issues such as child custody, child support, spousal support, and possession of the marital home.

To qualify, the complaining spouse must prove that the other spouse is at fault. These grounds include:

• Adultery
• Alcohol or substance abuse
• Abandonment
• Cruel or abusive treatment
• Humiliation that makes life unbearable
• Maliciously forcing the spouse to leave the home

A divorce from bed and board may also affect the at-fault spouse’s access to marital property or certain benefits. Our attorneys can help you determine whether this type of action is appropriate for your circumstances and guide you through the legal process if protection is needed.

Frequently Asked Questions About Divorce in North Carolina

How long does the divorce process take

The timeline varies from case to case. If the divorce is uncontested, meaning both parties agree on all major issues, the court can usually finalize it within about 50 to 60 days once the paperwork is filed. If your divorce is contested, the process may take several months or longer. Disputes involving child custody, property division, or alimony can extend the timeline. Working with an experienced attorney helps ensure the process moves forward efficiently.

What if my spouse does not respond to the divorce papers

If your spouse does not respond after the initial service of the divorce papers, you may proceed with service by publication. This involves placing a notice in a local newspaper for one to three weeks. After completing publication, you file an affidavit with the court. The judge can then move forward with the divorce, even without your spouse’s participation.

Can I remarry while my divorce is still pending

No. You must wait until the divorce is finalized before remarrying. You may date during the divorce process, but it is important to understand that dating may influence certain aspects of your case. For example, a new relationship may raise questions about marital misconduct. Speak with our attorneys if you have concerns about how dating may impact your divorce.

What if I want a divorce, but my spouse does not

Divorce in North Carolina does not require mutual agreement. If the separation and residency requirements have been met, one spouse can proceed with filing regardless of the other spouse’s wishes.

What forms are needed to start the divorce process

You will typically need the following:
• A completed Summons
• A completed Verified Complaint
• Payment of the filing fee to the Clerk of Court
Our attorneys can prepare and file these documents for you to ensure everything is accurate and submitted on time.

Does North Carolina allow common law marriage

No. North Carolina does not recognize common law marriage, regardless of how long a couple has lived together. However, if a couple legally formed a common law marriage in a state that recognizes it, North Carolina will generally honor that relationship.

  • Going through a divorce is hard enough, but to have kindness and steady hands made the process less stressful.

    Mr Man and Mr Robertson were so helpful and kept me calm throughout an emotional and nerve racking experience. Going through a divorce is hard enough, but to have kindness and steady hands made the process less stressful. I would recommend Robertson law firm to anyone who wants a stress free experience
    Angela

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Get Help with Your Divorce Today

If divorce is in your future, you deserve a skilled advocate who will stand by your side and protect what matters most. At the Law Office of Stephen E. Robertson, PLLC, we are committed to helping you resolve your case with fairness, dignity, and confidence. Our team is dedicated to guiding you through every stage of the process, from initial separation through final court orders.

We work hard to secure outcomes that allow our clients to move forward toward a stronger and more hopeful future. Whether you are facing a contested divorce, a collaborative resolution, or a complex custody matter, our attorneys are ready to help.

Contact us today to schedule a consultation and learn how our team can support you.

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Why Hire Us?

  • Results You Can Count On
  • Compassionate Counsel
  • Over 20 Years of Experience
  • Stephen E. Robertson is a Board Certified Attorney