How Long Does Divorce Take in NC? | Raleigh Separation Guide
February 16, 2026
How Long Does Divorce Take in NC? | Raleigh Separation Guide
If you are considering dissolving your marriage in the Triangle, one of the first questions you’re likely asking is, “How long will this take?” At Jerkins Family Law, we understand that when you’re ready to move forward with your life in Raleigh, you want the process to be as efficient—and predictable—as possible.
If you have questions about your specific situation, call us at (919) 719-2785 or contact us online to discuss your case.
Divorce in North Carolina follows a very specific timeline that is different from many other states. While some states allow immediate filing, North Carolina law imposes mandatory waiting periods that shape how long the process takes from start to finish.
Below is what you need to know.
The North Carolina Divorce Timeline
In North Carolina, divorce is not simply a matter of filing paperwork. The process unfolds in several stages:
Mandatory Separation
Before you can file for divorce, North Carolina law requires spouses to live separate and apart for one year and one day. This separation starts the legal “clock” and is non-negotiable.
Negotiation During Separation
During the separation period, many couples work toward resolving key issues such as property division, finances, child custody, and support. This is typically done through a Separation Agreement, which can be drafted at any point after separation.
Filing for Divorce
Once the one-year-and-one-day separation requirement is met, one spouse may file a Complaint for Absolute Divorce, usually at the Wake County Justice Center for Raleigh residents.
Service of Process
After filing, the divorce papers must be legally served on the other spouse. Depending on the method used—such as the Sheriff’s Office or certified mail—this can take anywhere from a few days to about a month.
Waiting Period
After service is complete, North Carolina law provides a 30-day window for the other spouse to file an official response, known as an “Answer.”
Finalization
If everything is in order and the divorce is uncontested, a judge typically signs the Divorce Decree within 45 to 90 days, officially ending the marriage.
What Is the Mandatory Separation Period in North Carolina?
Under N.C. Gen. Stat. § 50-6, spouses must live “separate and apart” for one year and one day before filing for an absolute divorce.
In Raleigh and throughout Wake County, “separate and apart” means:
- Living in two different residences, and
- At least one spouse intends the separation to be permanent.
Simply sleeping in separate bedrooms within the same home in Cary, Apex, or Raleigh does not meet the legal requirement. Once the separation period is complete, the remaining legal process usually takes an additional 45 to 90 days.
Can Property and Assets Be Divided Before the Divorce Is Final?
Yes. Although you must wait a year to obtain an Absolute Divorce, you do not have to wait that long to resolve financial issues.
Through a Separation Agreement and Property Settlement, spouses can divide:
- Real estate in Raleigh or surrounding areas
- Retirement accounts and investments
- Vehicles and personal property
North Carolina follows the principle of equitable distribution, meaning assets are divided fairly, though not always equally. When spouses reach an agreement outside of court, these matters can often be finalized months before the divorce itself.
If court intervention is required—such as when complex business interests or high-value assets are involved—the process can take significantly longer.
How Is Child Custody Determined in Wake County?
Child custody decisions are always made based on the best interests of the child. Custody can be resolved at any time after separation. If parents cannot reach an agreement, Wake County generally requires mandatory custody mediation before a judge will hear the case.
An agreed-upon custody arrangement can sometimes be finalized in a matter of weeks. However, contested custody disputes may take many months, depending on court availability and the complexity of the family’s circumstances.
Who Gets the Dog? Pet Issues in North Carolina Divorce
As painful as it can be, North Carolina law treats pets as personal property, not as children. There is no legal standard for the “best interests of the pet.”
That said, many modern Separation Agreements include pet provisions, sometimes informally called “pet treaties,” which may address:
- Visitation schedules
- Shared veterinary expenses
- Decisions regarding long-term or end-of-life care
If a judge must decide, they typically consider who paid for the pet, who provides primary care, and whose name appears on veterinary or microchip records.
What Factors Can Speed Up or Delay a Raleigh Divorce?
Every divorce is different, but several factors commonly affect timing:
- Cooperation: Uncontested divorces move far faster than litigated cases.
- Service of Process: Difficulty locating or serving a spouse can add weeks.
- Court Backlogs: Wake County courts handle a high volume of cases.
- Paperwork Accuracy: Errors or omissions can cause costly delays or dismissals.
Take the First Step Toward Your New Beginning
At Jerkins Family Law, we understand the emotional and financial weight that comes with separation and divorce. Our goal is to help Raleigh families move forward with clarity, dignity, and confidence.
Don’t wait to start protecting your future. Call Jerkins Family Law at (919) 719-2785 or contact us online to schedule a free case evaluation.
Considering divorce in Raleigh, NC? Learn what to know before filing, including legal requirements and next steps. Call Jerkins Family Law today.
How is child custody determined in Raleigh, NC? Learn how courts decide custody and what factors affect your case. Call Jerkins Family Law today.
If you're ready to formalize the parental role you play in your stepchild's life through adoption, you're taking a big step — one that will offer you and your child many benefits. That doesn't mean that it'll be easy. Adoption can be far from straightforward. Here, we'll provide need-to-know information about adopting an older child with as few road bumps as possible. The Benefits of Adopting Your Teenage Stepchild You may wonder why it's necessary to formalize your relationship with your stepchild. Teenage stepchild adoption can provide many perks, including: Financial benefits. Legal custody helps link your stepchild to your inheritance and insurance. Permanence. Adoption can confer a sense of stability and even finality, which brings with it emotional benefits. Logistical parental status. If you don't have a biological or legal relationship with your stepchild, some day-to-day parenting tasks (doctor's appointments, school pickups) can be rife with frustrating, unhelpful obstacles. Next, let's discuss how you can start working towards these benefits. Essential Considerations with an Older Child Adoption In many adoptive scenarios, there is no relationship between the adopter and the adoptee. This necessitates a complicated process, including an extensive home study (and an incredible amount of background checks and paperwork). Since your child already knows you and may even live in your shared home, you may be able to skip a few of these steps. One step you can't skip? An older child will likely need to consent to their own adoption. This will occur in court, which can be stressful. Speak with your attorney and your child to soothe any worries about this step. You may also need to consider your stepchild's other biological parent. In some cases, they may need to formally relinquish their legal parenting rights for your adoption to move forward. This can be emotionally taxing for everyone involved. From the initial application through to finalized paperwork, your attorney will be able to help you make this process as smooth as possible. Need Help? Call North Carolina Family Law Attorneys Adopting your teenage stepchild requires consideration to ensure you don't encounter undue challenges. Having knowledgeable attorneys at Jerkins Family Law at your side will help. Call us at  919-719-2785  for more information, or contact us online to learn about our services.
When you're living through the aftermath of a separation or divorce , the last thing you need is a breach of your privacy. The entire process of figuring out fair spousal support already felt like putting your life out there for everyone to see! Now, you (or your ex) have divulged private information about your arrangement online, and you're unsure what to do. First things first: Do these arrangements have to stay private? If that privacy has been breached, who has the right to do something about it — and what happens next? Two Can Keep a Secret (Or Can They?) To determine the levels of required privacy for you and your partner, check your prenuptial, separation, or divorce papers. The terms you and your partner agreed upon may have included misconduct or defamation clauses. Any privacy-breaching statements could affect spousal support if you or your partner have demonstrably broken any agreement you made. If you believe that your ex has acted out of line and you're interested in pursuing legal action, reach out to an attorney. Likewise, if you're worried that your actions could put your spousal support payments at risk, your attorney is the first person to go to. Don't delete any posts or talk to your ex before you do so, even to apologize! Protecting Yourself, Your Sanity, and Your Future If a breach hasn't occurred, now might be a good time to take practical steps to avoid any privacy concerns surrounding your spousal support arrangements. These include: Changing your passwords for bank, email, and social media accounts. Keeping your important documents (whether they be hard copies or files on your computer) in a safe, protected place Forwarding your mail, if you have changed residences Avoiding social media or using it less in the immediate aftermath of a separation Call North Carolina Family Law Attorneys Today Navigating the aftermath of a divorce is stressful for all involved. If you require assistance figuring out how to protect your privacy (and your ex's), especially surrounding spousal support, give Jerkins Family Law a call at  919-719-2785  (or reach out online ). Our skilled attorneys will be happy to answer any questions you may have.
In marriages where one parent has a child from a previous marriage, it's quite common for the new stepparent to want to adopt the child legally. There are definitely advantages to doing so; it gives the stepparent more rights in making decisions for the child, making the child eligible for an inheritance, for example. However, adopting a stepchild isn't always as straightforward as it seems, especially in North Carolina. If you're a stepparent thinking to adopt, let's take a closer look at some of the challenges you may face. Getting Consent from the Other Biological Parent For many families, this one issue is the single greatest obstacle to stepparent adoption. Under North Carolina law, a child may only have two legal parents. If the other biological parent is still living, they must consent to give up their parental rights, or those rights must be legally terminated. If the other parent is willing to relinquish their rights, they only need to fill out a consent form, and the adoption can move forward. The problem, of course, is that not every family situation is amicable. If the other parent doesn't want the child to be adopted by the stepparent—for whatever reason—they have the right to deny consent. At that point, the burden of proof is on you to convince the courts that it's in the child's best interests to terminate the other parent's rights. The judge may be willing to consider this if you can show any of the following: The biological parent has a pattern of abuse The biological parent has had little to no involvement in the raising or support of the child (i.e., they have forfeited their rights by their lack of action) The biological parent has failed to meet their obligations regarding the child (e.g., child support, visitation) Consent of the Child Another hurdle you must overcome is that under North Carolina law, if the child is 12 years old or older, you must have their consent to adopt them legally. In other words, if a teenage child doesn't want to be adopted, you can't do it—plain and simple. If you find yourself in this situation, the only way around this hurdle is to invest in the relationship and build enough trust so the child can be convinced that it's in their best interests to be adopted. Meeting the Other Requirements North Carolina has a few other requirements for stepparents before legally adopting their stepchildren. These include the following: You must be married to one of the biological parents for at least 6 months. (Living together before marriage doesn't count.) You have to live in the same home with the biological parent and the child. (No in-name-only adoptions, in other words.) You must be a resident of North Carolina for at least 6 months before petitioning for adoption. You have to pass a criminal background check, and you may be visited by a social worker who evaluates the home situation before recommending the adoption.  Jerkins Family Law has plenty of experience in parental rights and adoption cases in North Carolina. If you want to adopt a stepchild, we can help you overcome many of these challenges. Call us today at  919-719-2785  or contact us online.
Child support is a way for both parents to contribute financially to a child's well-being, even after a separation or a divorce. If you're paying child support, the amount you pay was likely determined by a court when you separated. Many factors influence how much child support you pay, including your take-home salary. What happens if that changes? If you lose your job or take a significant pay cut, do you still have to pay the total amount for child support? Paying Child Support When Circumstances Change The short answer is simple: If you have lost your job, you are not exempt from paying child support. However, you may have options that can make your life easier during a difficult time (especially if your unemployment came as a surprise). Talk to a family law attorney if you realize you can't make child support payments because of a change in income. Then, let your co-parent know that you've lost your job. Then, you and your attorney can tackle the following: First, you'll see if you're eligible for unemployment benefits in your state. According to North Carolina Child Support Services , you're still required to pay child support if you're unemployed. These benefits can help. Your attorney can then determine whether you can petition to modify your divorce or child support order due to your change in circumstances. You'll attend an order modification hearing in court if you are eligible. You may receive new child support guidelines at the end of this hearing. The court may also grant you a temporary suspension of child support until you receive a paycheck again. Struggling to pay child support is incredibly stressful, and it's certainly not something you should try to navigate solo. Instead, ensure that you have an experienced family law attorney working tirelessly to protect you and your family during this difficult time. Get in Touch with a North Carolina Family Law Attorney When you're figuring out how to make the best possible moves during a stressful financial time, you may need assistance figuring out how to pay child support. The attorneys at Jerkins Family Law are ready to answer your questions! Call our offices today at  919-719-2785  , or contact us online .
Becoming a stepparent is a big responsibility. You no doubt want what's best for your stepchildren, but understanding your legal obligations to them can be confusing. What are your responsibilities when it comes to child support? Stepparents Are Not Primarily Responsible for Child Support In North Carolina, stepparents are not primarily responsible for a child's financial support; the biological or adoptive parents are. As a stepparent, you have no legal duty to pay child support if your marriage to the child's parent ends by divorce or death. However, nothing prevents a stepparent from voluntarily offering support in a “in loco parentis” role. You can choose to provide financial support to a child through a valid separation agreement. By acting “in loco parentis,” you assume the status and responsibility of a parent to the child without formally adopting them. Stepparents May Be Secondarily Liable There could be some circumstances in which the stepparent's child support obligation is secondarily liable to the legal parents. When a judge considers your responsibility as a stepparent to pay child support, they consider it against the legal parents' ability to provide support for the child. If the legal parents cannot meet the child's reasonable needs, you could be responsible for making up for the deficiency. In situations of secondary liability, the judge must determine the stepparent's obligation on a case-by-case basis. The normal rules of North Carolina child support guidelines do not apply. Determining a Legal Parent's Support Obligation When the court sets the legal parent's child support obligation, it cannot factor in the stepparent's income. However, one exception to this rule would be if you are providing health insurance to your stepchild. Your health insurance premium for the child can be credited to your spouse when calculating the legal parents' child support obligations. Skilled Family Law Guidance If you are a stepparent with questions about your financial responsibilities to your children, we can help. Call us at  919-719-2785  or contact us online. Our experienced family law attorneys can answer all your questions and help you find the best solution for your family.
If you've recently undergone a name change, it's a good idea to double-check your credit score. Why? Although changing your name shouldn't affect your credit , it's important to remember that mistakes happen. The equations that factor into a credit score may not consider identifying info like your name, but real (error-prone) people combine, update, and analyze credit databases and reports. With each ID change comes the opportunity for typos, mismatches, omissions, and more. Avoid These Credit-Related Challenges After a Name Change There are two types of credit errors that crop up with some regularity. These include: Incomplete credit files that feature data about one person in two separate places Seemingly-complete credit files that include the data of two different people These and other anomalies could result in credit errors and changes that could affect your ability to manage your finances as you'd like. Facing a Credit Challenge? Here's What you Need to Know First of all, you may be able to prevent credit challenges by changing your name and reporting the update promptly. Start with the Social Security Administration, update your government IDs, and make sure that your credit card company, relevant lenders, and banks are aware of your new name. If you've uncovered an existing credit error, it's time to contact the credit reporting agency. File a report that includes the following: Your contact information Your current name Any previous names you may have used Any report or confirmation numbers that could point to a specific erroneous document A clear description of the error  After filing this report, you may need to pursue further action against the agency if it doesn't correct the error. An experienced attorney can help make the most of this frustrating situation. Our North Carolina Family Law Attorneys are Here to Help When you change your name, it can seem like the paperwork never ends — and, even years later, surprising challenges may crop up. If you're dealing with a problematic credit challenge after a name change, contact the attorneys at Jerkins Family Law. We can help you understand your options. Call our team at  919-719-2785  , or reach out online at your earliest convenience.
It's a commonly-held idea that 50% of marriages end in divorce. As it turns out, that percentage may be an exaggeration ; but at least we have some idea of divorce's frequency. What do the numbers say about married couples who legally separate ? Logic dictates that this population would have a much higher chance of divorcing — but how much? Post-Separation Outcomes in Percentages About half of separated couples remain separated for one full year before divorce. This fraction shows that a separation can be a valuable cooling-off period. This time allows both partners to assess their feelings, future, and what they want. Approximately 80% of separated couples go on to divorce. 20% reconcile. Often, the types of differences that drive the decision to divorce (instead of reuniting) include: That the couple has changed too much since they were initially together. Their updated attitudes and newly-gleaned habits are too much to merge successfully That the couple has different expectations surrounding their future; perhaps one wants kids, and the other does not For the 20% that decide to give their marriage another try or even get back together after a divorce, typically, the couple has decided to be flexible about these issues. They may compromise on a long-standing argument or agree to see a specialist to overcome a problem together. Others find that they were too young and inexperienced the first time or that time apart has shown them that they were happier together. Regardless of your unique situation, keeping your interests protected is a good rule of thumb. If heartbreak and the difficulty of a divorce are in your future, you don't need to add financial insecurity and legal issues to your plate as well. Whether you're about to get separated, divorced, or thinking about giving things another go, having the name of a family law attorney on hand is critical. Your North Carolina Family Law Attorneys are Ready to Support Navigating a separation? No matter how amicable or tense the proceedings have been, you will need assistance with the logistics. The Jerkins Family Law lawyers can assist you and answer any questions. Reach out to our team today by calling us at  919-719-2785  , or connect with our team through our online form .
Both parents in North Carolina have parental rights; however, in certain cases, such as abandonment, the courts may terminate a parent's rights, deciding that it is in the best interest of the child. Terminating parental rights is serious, so the court does not make the decision hastily. To terminate parental rights due to abandonment, North Carolina law requires that the child be “willfully abandoned” for six consecutive months unless that child is an infant. In those instances, the parent must have “willfully abandoned” the infant for 60 consecutive days. The actual legislation reads anyone who, “without just cause or provocation, willfully abandons his or her child or children for six months and who willfully fails or refuses to provide adequate means of support.” To terminate parental rights, the remaining parent must provide evidence supporting the claim. In North Carolina, evidence supporting the claim to terminate parental rights must be clear and convincing (which is a higher level of proof than preponderance of the evidence). How Can You Terminate the Other Parent's Parental Rights? If an individual is seeking to terminate someone's parental rights, then there are several steps that they should take. First, the person must fall into one of four categories: a parent seeking to terminate the other parent's parental rights; a legally-appointed guardian; a government agency, such as the Department of Social Services (DSS); or a guardian with whom the child has lived for two consecutive and continuous years before the filing. First, they must file a petition with the court. This petition must include detailed evidence and facts that support the claim of willful abandonment. Once this petition is filed, the court will send out a summons to all parties involved. This summons includes notice that an answer is required within 30 days. If the parent responds, the next step is a hearing with a judge. The judge will decide based on the evidence and what is in the child's best interest. If there is no response within 30 days, the courts may order that the rights be forfeited. North Carolina Family Law Attorneys If you are involved in a situation that concerns parental rights, the attorneys at Jerkins Family Law can help. Call  555-555-5556  or contact them online to learn more.
