North Carolina family law attorney

Separation in North Carolina

Published on: August 5, 2026 | On behalf of Arnold & Smith, PLLC

When a couple decides to end their marriage, they need to follow the laws of their state. North Carolina has a strict requirement for couples to reside apart for a period of at least one full year before they may proceed with a divorce. This mandatory separation period is necessary in order to seek an absolute divorce in North Carolina. Learn how to meet the separation requirement in order to get a divorce.

Separation Requirement

North Carolina requires couples to live apart with the intention of divorce for a year before they end their marriage. Couples must have different residences during separation. They must not get back together during this time period. If you do get back with your spouse during this time and then later decide again to divorce, the one-year clock starts over. Couples cannot be separated and continue to reside in the same home, even if they intend to divorce.

Asset and Property Division in North Carolina Divorce

Published on: January 15, 2025 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

Going through a divorce is not always easy. It can be one of the most stressful times in your life. As you go through the divorce process, you and your spouse will need to discuss how to divide your property. Finances are often the most divisive part of a divorce. Even amicable splits can turn acrimonious when it comes to asset and property division. A knowledgeable divorce attorney will guide you through the divorce process and help make things easier and less stressful.

Types of Property

Separate Property in Divorce in North Carolina

Published on: October 16, 2024 | On behalf of Arnold & Smith, PLLC

Separate Property in Divorce in North Carolina

Going through a divorce can be a daunting experience, both emotionally and financially. One of the most difficult parts of the process can be dividing your assets. In North Carolina, assets are to be distributed in an equal manner between spouses. While that may sound like an easy thing to do, in practice, dividing property can be quite difficult. One of the first things you will need to do is determine which assets are marital and which are considered separate, or nonmarital.

How Assets are Distributed in a Divorce