Family Law FAQ

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  • Do I need a lawyer to get a divorce?
    In North Carolina, there is no requirement for you to have a lawyer to get a divorce. However, our state family law statutes are often complex, and the divorce process is rift with potential legal missteps – even for those seeking an uncontested divorce. If you and your spouse have any disagreements on the divorce … Read more
  • Is it okay to date after my ex and I have separated?
    For purposes of marital fault, only conduct which occurred prior to the date of separation can be used as marital fault. However, if one spouse can prove the other had a romantic relationship with a third party before date of separation, their activity after the date of separation can be used for corroborative purposes. Generally, … Read more
  • Can my texts, emails and posts be used against me in court?
    Yes. Online activity is often used in family court as evidence nowadays. During divorce proceedings, you should use great caution about using social media. Current and previous texts, emails and posts, etc. are discoverable in divorce cases through the discovery process. Make sure to check out our DO’s and DON’Ts of NC Divorce.
  • Is it trespassing if my ex tries to come into the house after we’ve separated?
    Yes. If you are legally separated, your ex cannot demand entry to your home or the marital home. If this “domestic trespass” is a strong probability, it would be advisable to change your locks. You should be aware, however, that your ex will most likely be allowed by the court to return to gather clothes … Read more
  • I want to force my spouse to move out of the house. Can I do that?
    You cannot make your spouse move out of the home unless you get a court order. Each case is unique so you should talk with your attorney to determine your options. If there is an issue of domestic violence and the situation is an emergency, call law enforcement and ask them to remove your abusive … Read more
  • How long does it take to get an absolute divorce?
    It usually takes a minimum of 60 days after the claim for absolute divorce is filed for the divorce to become final. However, this step is preceded by 12 months of separation. Each divorce is unique so there may be other factors that take more time to work out. Some divorces are final within the … Read more
  • Do I have to prove that my spouse is at fault for causing the divorce?
    No. North Carolina is a no-fault divorce state. You can petition for a divorce without giving a reason, even if the other spouse does not want a divorce.
  • Is there a way to get a divorce without a trial if the couple is amicable?
    While North Carolina retains marital fault grounds for spousal support, there is a “no fault” standard for absolute divorce. This means if you are a resident of the state and have separated for more than 12 months, and it is the intent of one spouse to remain separate, you can get an absolute divorce (which … Read more
  • Can the divorcing couple hire the same attorney to represent both?
    No. Representing both parties would be a conflict of interest. The attorney can advise only one of the parties. The attorney can, however, draft divorce documents which both parties can sign. That said, while it is not required that you have an attorney to divorce in North Carolina, it is not wise for either party … Read more
  • What is the first step toward getting a divorce?
    The divorce process starts with filing a divorce petition. Drafting and filing the petition will be handled by your attorney after consultation with you. A divorce petition contains grounds for the divorce and required information about the individual divorcing spouses.