Divorce & Separation

Divorce & Separation in North Carolina

When a marriage ends, the legal process that follows can be disorienting—even when both spouses agree it’s time to move on. At NicholsonPham, we guide clients through divorce and separation with clarity, dignity, and a focus on resolution.

Whether your situation is cooperative or contentious, our attorneys offer honest counsel, steady strategy, and fierce advocacy for what matters most: your children, your property, your future.

Understanding Divorce in North Carolina

North Carolina follows a no-fault divorce model. This means neither spouse needs to prove wrongdoing to dissolve the marriage. To file for an absolute divorce, the law requires:

That the spouses have lived separately for one year and one day
That at least one party intends the separation to be permanent
That either party has lived in North Carolina for at least six months before filing

Once these conditions are met, one spouse may file a Complaint for Divorce, serve the other party, and proceed through the court process. A divorce can be finalized administratively or set for hearing, depending on your county’s procedures.

Divorce Is More Than Just a Decree
The divorce decree is only one part of ending a marriage. Most divorces also require resolving additional legal matters such as the division of marital property and debts (known as equitable distribution), determining whether one spouse will pay or receive spousal support (alimony), establishing child custody and parenting schedules, and calculating appropriate child support. Some clients also need guidance with related matters such as name changes, insurance coverage, or financial account separation. At NicholsonPham, we help clients identify, prioritize, and resolve these issues with strategic care—whether through private negotiation, family law mediation, or strong courtroom advocacy.

Mediation: Resolution Without Concession
While NicholsonPham attorneys are skilled litigators, we also believe in the power of mediation to help divorcing couples craft their own agreements outside of court. When used early and intentionally, mediation can reduce emotional strain and legal costs, protect children from unnecessary conflict, and empower both parties to retain control over the terms of their separation. Mediation allows clients to create more personalized, durable agreements—rather than leaving life-changing decisions to a judge. Whether you're working amicably with your spouse or facing contested issues, our team provides realistic advice and steady representation every step of the way.

Mediation is also a required step in the process. Courts will want to know that the parties attempted to resolve their dispute prior to taking up court time.

Start the Next Chapter With Confidence

Divorce is a legal process, but it’s also a deeply personal one. At NicholsonPham, we provide strong advocacy with respect for your values, identity, and goals. Whether you're ready to file or need guidance on where to begin, we're here to help.

Schedule a confidential consultation today.

Key Takeaways

North Carolina requires one year and one day of physical separation for divorce
Same-sex spouses have the same rights and responsibilities in divorce proceedings
Property division, support, and parenting must be addressed separately
Mediation is an effective tool to resolve divorce-related disputes
Our firm serves Durham and Orange County with inclusive family law representation

DIVORCE: Frequently Asked Questions

My spouse and I have lived in different bedrooms in the same house for more than a year. Can we divorce?

No. North Carolina’s laws require that spouses be physically separate and not living in the same residence for at least 366 days. Living under the same roof, although in different bedrooms, does not count as separation.

How can I give my spouse notice of my divorce complaint if I don’t know where s/he is or if s/he lives in a different country?"

The attorneys at NicholsonPham have experience in serving parties who cannot be found or who live in different countries. (The rules about service in different countries depend on whether the country is a party to the Hague Convention). For defendants who cannot be found, we must show that we have tried to find the person and then serve by publishing a notice in a local newspaper.

What are the fees I must pay for my divorce?

Currently, the filing fees for a divorce in North Carolina are $225. If you are asking the court to allow you to resume your pre-marital name, you must pay an additional $10. In addition, you must serve the other person with official notice of your divorce complaint. Service by sheriff is usually $30. Certified mail (return receipt requested) is currently about $7. Finally, you will need to request a hearing for the divorce and North Carolina has a hearing fee of $20.

Filing fees and court costs are the same for a divorce, whether you are represented by an attorney, or not.

How long will the process take?

Generally, divorces that are uncontested should take around 60 days to complete.

Can I annul my marriage?

North Carolina is not Las Vegas and marriages are voided in only very limited situations. If you think you want a marriage declared void, give us a call.

Do I need a separation agreement to be official separated from my spouse?

No. North Carolina does not require that any agreement or statement of intent be signed to start the year of separation. Instead, separation depends on the spouses being physically apart and not living together, as well as no longer holding themselves out as spouses.

Can I file for my own divorce?

Yes. Many County Clerks’ offices in the Triangle area have divorce packets that can help people file for their own divorce. If you are interested in discussing fees, call NicholsonPham for a consultation. If the divorce is uncontested and there are no issues of property or child custody, divorce representation fees can be very reasonable.

Why can't you represent both me and my spouse if we're in agreement for a divorce?

North Carolina rules governing attorneys prohibit that practice. Even if both people are amicable and want the divorce, the attorney who files the Complaint for one spouse cannot draft an Answer for the other spouse.

Can I change my name during my divorce?

Currently the statute is gender-specific and allows women to have more options of changing their surnames than men. However, we believe that the statute should be read in light of marriage-equality decisions. Given that, you can resume your pre-marital surname (what is generally called a “maiden name”), or retake the name of a prior deceased spouse or the surname of a living ex-spouse if you have children with that person who also use that surname.

You cannot change your entire name based on the divorce alone. If you want to change your name beyond resuming your pre-marital surname, please call NicholsonPham to discuss a name change procedure.

If I want to file separately on my own income taxes, when must I be divorced?

If you are married, you can always choose to file “married, filing separately.” If you want to be single for income tax purposes, you must be divorced by December 31st of that tax year. Many counties have divorce court on the last day of the year, just to accommodate residents who want a divorce before the end of the year.

Can we still mediate if we’ve already started the divorce process?

Yes. Mediation can occur at any stage of divorce, including after filing. It’s often encouraged to help resolve outstanding issues without court intervention.

What if my spouse and I agree on everything—do we still need a court hearing?

For the divorce itself, yes—a judge must sign the decree. But if all other issues (support, property, custody) are resolved by agreement, you may never need to appear in court for a contested hearing.

Is a separation agreement enforceable in court?

Yes. A properly drafted and signed separation agreement is enforceable like a contract. Certain provisions may also be incorporated into a court order which can give you greater enforceability. Whether to create a private contra t or enter into a court order is an important decision to make with the aid of our attorneys.