Frequently Asked Questions About Divorce in North Carolina
Quick Answers to Common Divorce Questions
This section covers the questions we hear most often — from separation rules and filing requirements to finances, custody, and next steps. You don’t need to read everything. Scan the questions below and click what applies to your situation.
If you still have questions, a North Carolina divorce attorney at Valor Divorce Firm can help you understand how the rules apply to you.
What is a divorced wife entitled to?
A divorced wife is entitled to an equitable share of marital assets, which may include the home, retirement accounts, joint savings, and more. She may also be entitled to alimony (also called post-separation support) depending on the financial circumstances of both spouses. Custody arrangements, child support, and ongoing financial planning are also determined based on what’s fair — and what protects her future.
What money can't be touched in a divorce?
Some assets are considered separate property and may not be divided in a divorce in North Carolina. These can include inheritances, gifts given to one spouse, or assets owned before the marriage — as long as they were kept separate and not comingled. However, certain exceptions may apply, so legal guidance is crucial.
What assets cannot be split in a divorce?
Non-marital property, such as items owned prior to the marriage or gifted solely to one spouse, are typically not divided. That said, if those assets increased in value during the marriage or were used jointly, a portion may become marital property. Our team helps clarify what counts as equitable distribution under North Carolina divorce law.
What is the minimum a father has to pay for child support?
There’s no universal minimum. In North Carolina divorce law, child support is calculated using state guidelines that factor in income, parenting time, and the child’s needs. If one parent is unemployed or underemployed, imputed income may be used. We ensure your child custody and support arrangements reflect what’s fair and appropriate for your family.
How long can a parent go without paying child support?
Failure to pay child support can result in legal consequences, including wage garnishment or even jail time. There’s no statute of limitation for enforcement in North Carolina divorce cases, so unpaid support doesn’t just go away. If you’re owed support or struggling to pay it, we’ll help you understand your rights and options.
What happens in a child custody case?
Child custody is based on the best interests of the child. This includes emotional bonds, stability, safety, and each parent’s ability to care for the child. Legal custody (decision-making authority) and physical custody (where the child lives) are decided through agreement or court intervention. At Valor Divorce Firm, we help you create parenting plans that protect your children and support long-term peace.
Who is most likely to win custody of a child?
Custody isn’t about winning; it’s about what’s best for the child. While mothers are often perceived as default custodians, North Carolina divorce courts prioritize involvement from both parents when safe and possible. We work with you to develop a custody plan that reflects your child’s needs, routines, and future.
How is property divided in divorce?
North Carolina follows the equitable distribution model, meaning property is divided fairly, not necessarily 50/50. Marital assets like homes, pensions, and debts are valued and split based on contributions, need, and other factors. Valor Divorce Firm helps you understand what’s equitable, what’s separate property, and how to protect your financial future.
What is a high asset divorce?
A high-asset divorce involves significant property, investments, or business interests. These cases are complex and can include stock options, real estate portfolios, retirement accounts, or hidden assets. At Valor Divorce Firm, we use proven legal strategies and financial insight to protect your wealth.
How to protect your assets in a divorce?
Protecting your assets in a divorce starts with understanding what’s marital and what’s separate. It also involves documentation, valuation, and sometimes pre- or post-nuptial agreements. Our firm helps you build a strategic, fact-based plan to protect what you’ve worked hard for.
What happens at a mediation for divorce?
Divorce mediation is a structured, private process where a neutral third party helps you and your spouse reach agreements on issues like child custody, support, and property division. It’s often faster, less expensive, and less stressful than court. At Valor Divorce Firm, we offer both mediation and legal coaching to help you prepare with confidence and walk away with clarity.
How long does a divorce take in North Carolina?
In most cases, North Carolina divorce law requires a one-year separation before filing. Once filed, timelines depend on whether the divorce is contested, uncontested, or resolved through mediation. Uncontested cases may finalize in as little as 60–90 days post-filing. We’ll help you set realistic expectations and keep the process moving.
Do I have to go to court to get divorced?
Not always. Many divorces in North Carolina are resolved outside of court through mediation or collaborative divorce. At Valor Divorce Firm, we prioritize peaceful, strategic solutions above all else. But if court is needed, we’re ready to protect your rights every step of the way.
Does Valor Divorce Firm offer flat-fee representation?
Yes. Our flat-fee services cover everything from uncontested divorces to complex support and custody plans. During your consultation, we’ll build a pricing plan that fits your needs and budget.
Can I get legal coaching instead of full representation?
Absolutely. Our divorce strategy coaching program offers one-on-one support from The Marriage Exit Strategist™. You’ll get customized guidance to prepare for mediation or litigation, even if you’re not ready to hire a full-time attorney. It’s a smart, empowering option, especially if you’re navigating early stages or on a limited budget.
What’s the difference between contested and uncontested divorce?
In an uncontested divorce, both spouses agree on major issues like custody, support, and property division. It’s typically faster, cheaper, and less stressful. A contested divorce means there are disagreements that require negotiation or court.
Still Have Questions? Let’s Talk.
Whether you’re ready to file, preparing for court, or are just trying to make sense of your options, Valor Divorce Firm is here to help you take the next steps with confidence. Contact us today to speak with a trusted divorce attorney about your case.
