In North Carolina, the process of separation and divorce is guided by specific legal requirements that you need to understand before moving forward. 

Because it’s a no-fault divorce state, you do not have to prove any wrongdoing by your spouse, such as adultery or cruelty, to obtain a divorce. 

The most common ground for divorce is a one-year period of separation, during which both spouses must live in separate residences.

To meet the separation requirement:

• You and your spouse must live apart for at least one continuous year before filing for divorce. 
• During this time, there must be no intention of reconciliation, and you cannot live together under the same roof. 

Even brief reconciliations or attempts to live together can reset the clock on the separation period, so it’s important to maintain clear physical and emotional separation. The separation period is not just a formality but a legal requirement, so both spouses must adhere to this rule before filing.

Once you have been separated for one year, either spouse can file for an absolute divorce. 

• The spouse who files for divorce must meet North Carolina’s residency requirement, which states that at least one of the spouses must have lived in the state for a minimum of six months before filing. 
• This ensures that North Carolina courts have jurisdiction over the case.

In addition to the separation and residency requirements, you will need to complete specific legal paperwork to start the divorce process. 

The spouse filing for divorce will submit a complaint to the court, which outlines the reasons for the divorce and any additional claims, such as child custody, spousal support, or property division. The other spouse will have the opportunity to respond to the complaint and address any issues raised.

While these requirements are clear, the process of separation and divorce can bring up many emotional and financial concerns. It’s essential to plan ahead and consult with an experienced attorney who can guide you through the process and help you understand your rights. 

By understanding the legal requirements and taking the right steps, you can move forward with confidence and begin the next chapter of your life.

Get in touch with Devan and Null today to begin creating your separation agreement and work through the issues of your divorce. 

When you’re going through a separation or divorce, one of the most important decisions you’ll face is how to manage child custody and visitation. 

In North Carolina, the courts prioritize the best interests of the child, and both parents are encouraged to remain actively involved in their child’s life whenever possible. 

Understanding your options for custody and visitation can help you make the best choices for your family and ensure a smooth transition during this challenging time.

In North Carolina, child custody can be divided into two categories: legal custody and physical custody. 

• Legal custody refers to the right to make important decisions about your child’s upbringing, including choices about their education, healthcare, and religious practices. 
• Physical custody, on the other hand, involves where the child lives and the day-to-day care they receive.

Custody Arrangements

There are several potential custody arrangements, depending on your family’s situation. Two popular options include:

• Joint legal custody means both parents share the responsibility of making major decisions for the child. This arrangement allows both parents to have an equal say in key aspects of the child’s life, promoting collaboration and ensuring that both voices are heard. 
• Joint physical custody is another possibility, where the child spends substantial time living with both parents. This can mean an even split or a more flexible arrangement based on the child’s needs and the parents’ schedules.

In some cases, one parent may be awarded sole legal or physical custody. 

• Sole legal custody means that one parent has the exclusive right to make decisions about the child’s upbringing
• Sole physical custody means the child primarily lives with one parent, and the other parent may have visitation rights. 

Courts generally prefer to grant joint custody whenever it’s in the child’s best interest, but sole custody may be awarded if there are concerns about one parent’s ability to care for the child, such as in cases involving abuse or neglect.

Visitation Schedules

Visitation, often referred to as “parenting time,” is the right of the non-custodial parent to spend time with the child. If one parent is awarded primary physical custody, the other parent typically receives visitation rights, which can be structured in various ways. 

Visitation schedules can be as detailed or as flexible as needed, from regular weekend visits to holidays, vacations, and school breaks. The goal is to ensure that the non-custodial parent has meaningful time with the child while maintaining stability for the child’s routine.

Military Family Visitation Schedules

One unique challenge in custody arrangements is when one or both parents are in the military, as deployments and relocations can complicate the situation. 

North Carolina law allows military parents to designate a temporary custodian, such as a family member, to exercise visitation rights during deployments. Once the military parent returns, they can request modifications to the custody order to reflect the new circumstances.

While the court can make the final decision on custody and visitation if necessary, it’s often best if parents can come to an agreement on their own. Working together to create a parenting plan allows you to tailor the arrangement to your child’s specific needs and avoid the uncertainty of leaving decisions up to the court. 

Mediation Can Help Resolve Custody Disputes Outside of Court

Mediation is another option that can help parents resolve custody disputes without going to trial. During mediation, a neutral third party facilitates discussions and helps both parents find common ground.

Modification of Visitation or Custody Arrangements

It’s important to remember that child custody arrangements are not set in stone. As your child grows and family circumstances change, you may need to modify the custody or visitation schedule. 

North Carolina courts allow for modifications if there is a significant change in circumstances, such as a parent relocating, a change in the child’s needs, or issues with the current custody arrangement.

Navigating child custody and visitation can be emotionally challenging, but with the right approach, you can create an arrangement that ensures your child’s well-being and maintains strong relationships with both parents. 

At Devan & Null, we’re here to help you explore your options and develop a custody plan that works for your family. With our guidance, you can feel confident that your child’s best interests will be protected throughout the process. 

Get in touch today to schedule your consultation and start finding the best path for your child.

Fathers often worry that they won’t receive fair treatment in custody cases, but in North Carolina, both parents have equal rights when it comes to custody and visitation. 

The court’s primary focus is always on what is in the best interests of the child, and there are several steps you can take to ensure that your rights as a father are respected. 

Whether you are going through a separation or divorce, securing fair custody or visitation rights depends on your involvement in your child’s life and your ability to demonstrate that you can provide a stable, loving environment.

Understanding North Carolina’s Approach to Custody

In North Carolina, child custody is divided into two categories: legal custody and physical custody. 

• Legal custody refers to the right to make important decisions about your child’s life, such as their education, healthcare, and religious upbringing. 
• Physical custody refers to where the child will live and who will be responsible for their day-to-day care. 

Both types of custody can be shared by both parents (joint custody), or one parent may be granted primary custody, with the other receiving visitation rights.

The good news is that North Carolina courts do not automatically favor mothers over fathers in custody cases. 

Instead, the court considers several factors to determine what is best for the child, including the relationship each parent has with the child, the child’s needs, and each parent’s ability to provide a stable home.

Building a Strong Case for Fair Custody

To ensure that you receive fair custody or visitation rights, it’s important to demonstrate your involvement in your child’s life and your ability to provide a nurturing and supportive environment. 

Here are some steps you can take to build a strong case:

• Maintain regular involvement in your child’s life: The court will look at how involved you have been in your child’s daily activities, such as taking them to school, attending doctor’s appointments, and participating in extracurricular activities. The more you can show that you have been a hands-on parent, the stronger your case for custody will be.
• Create a stable home environment: The court will want to see that you can provide a safe and stable home for your child. This includes having a suitable living space and the ability to meet your child’s physical, emotional, and financial needs. If you are seeking joint or primary custody, it’s important to show that your home is a place where your child can thrive.
• Be proactive about co-parenting: Courts prefer arrangements where both parents are willing to work together in the child’s best interests. If you can demonstrate that you are willing to cooperate with your spouse or ex-spouse in making decisions about your child’s welfare, it will strengthen your custody case.
• Document your involvement: Keep a record of your involvement in your child’s life, including time spent together, communications, and decisions made about their care. This documentation can serve as evidence if the other parent disputes your level of involvement or if there are disagreements about custody.

Negotiating a Custody Agreement

During the separation period, many parents create a temporary custody agreement that outlines how time with the child will be divided until the divorce is finalized. 

It’s important to work with an attorney to negotiate a fair custody agreement that reflects your role in your child’s life. If both parents can agree on a custody arrangement, the court is more likely to approve it without further intervention.

Key components of a custody agreement include:

• Physical custody arrangements: Determine where the child will live and how much time they will spend with each parent. This can be a joint custody arrangement, where the child spends time living with both parents, or a primary custody arrangement, where one parent has the child most of the time and the other has regular visitation.
• Visitation schedules: If one parent has primary physical custody, the other parent will need a fair and consistent visitation schedule. This schedule should include regular visits, holidays, and vacations to ensure that the non-custodial parent remains an active part of the child’s life.
• Decision-making authority: If parents share legal custody, it’s important to outline how decisions about the child’s education, healthcare, and other important matters will be made. The agreement should specify how disagreements will be resolved and ensure that both parents have input in major decisions.

What to Do If You Face Challenges During the Custody Process

If you encounter challenges during the custody process, such as disagreements with the other parent or accusations that could harm your case, it’s important to take action quickly. At Devan & Null, we can help you navigate these challenges and protect your rights as a father.

Common challenges fathers face include:

• Unfair bias: Some fathers worry that the court will favor the mother, but in reality, courts are required to make custody decisions based on the child’s best interests, not the parent’s gender. If you believe bias is playing a role in your case, we can help you present a strong argument for why joint or primary custody is in the child’s best interest.
• Parental alienation: If the other parent is trying to alienate you from your child or undermine your relationship, it’s critical to document these efforts and present them to the court. We can help you gather evidence and protect your rights to maintain a meaningful relationship with your child.
• Work schedule concerns: Fathers who work long hours or serve in the military may worry that their work commitments will hurt their custody chances. However, courts understand the realities of work obligations and will consider custody arrangements that accommodate your schedule while ensuring your child’s needs are met.

Enforcing Custody and Visitation Rights

Once a custody agreement or court order is in place, both parents are legally required to follow it. If the other parent refuses to comply with the agreement—such as withholding visitation or failing to follow the custody schedule—you have the right to take legal action to enforce your rights. 

At Devan & Null, we can help you address any violations of the custody agreement and ensure that your visitation rights are respected.

How Devan and Null Can Help You Secure Fair Custody or Visitation Rights

At Devan & Null, we understand how important it is for fathers to maintain strong relationships with their children, even during separation and divorce. 

With over 30 years of experience in family law, Attorney Laura Devan will work closely with you to ensure that your rights are protected and that you receive a fair and equitable custody arrangement.

We work tirelessly to:

• Help you build a strong case that demonstrates your involvement in your child’s life and your ability to provide a stable home.
• Advocate for a custody or visitation agreement that reflects your role as a father and ensures that you remain actively involved in your child’s upbringing.
• Guide you through the legal process and address any challenges that arise, from bias to parental alienation.

If you’re seeking fair custody or visitation rights during your separation or divorce, contact Devan & Null PLLC today at 910-486-6858 to schedule a consultation. Let us help you protect your rights and build a strong future for you and your children.

Military deployment or relocation can significantly impact the timeline and process of a divorce in North Carolina. When one spouse is an active-duty service member, the unique demands of military life—such as deployments and frequent moves—can complicate everything from filing paperwork to attending court hearings. 

Understanding how these challenges affect your divorce is critical to navigating the process more smoothly.

Impact of Deployment on the Divorce Process

If your spouse is deployed, the divorce timeline may be extended. Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can request a delay, or “stay,” in legal proceedings while they are deployed. 

This provides protection from being unfairly impacted by their inability to fully participate in the divorce process due to military duties.

Key considerations include:

• The deployed spouse must request the delay and provide evidence that their duties prevent them from participating.
• The court will review the request and may grant extensions as necessary, which can prolong the divorce process by months or even longer, depending on the deployment.
• Once the deployment is over, the divorce can resume, and both parties can fully participate in decisions like child custody and property division.

Relocation and Child Custody Considerations

Relocation due to permanent change of station (PCS) orders can impact the divorce process, particularly in relation to child custody and visitation arrangements. North Carolina courts prioritize the best interests of the child, and frequent relocations or long deployments can disrupt the stability courts seek to provide for children.

Custody and relocation issues may involve:

• Granting the non-relocating parent primary physical custody to provide stability for the child.
• Allowing more flexible visitation schedules, such as extended holiday or summer visitation for the relocating military parent.
• Utilizing virtual visitation options like video calls to maintain regular contact between the military parent and the child during periods of deployment or relocation.

Division of Property and Military Benefits

Deployment or relocation may create logistical challenges in dividing assets, particularly military benefits like retirement pay and housing allowances. North Carolina’s equitable distribution laws apply to military divorces, and both parties are entitled to a fair division of marital property.

Considerations regarding the division of military assets include:

• Ensuring that military benefits are properly accounted for and divided, which may require working with offices like the Defense Finance and Accounting Service (DFAS).
• Managing the logistical difficulties of exchanging financial information when one spouse is deployed or relocated, especially when it comes to military pay and benefits.

Residency and Jurisdiction Issues in Fayetteville, NC

If either spouse relocates before the divorce is finalized, determining which state has jurisdiction over the divorce can become complicated. North Carolina’s residency requirements state that at least one spouse must have lived in the state for six months before filing for divorce. 

Military members stationed in North Carolina can file for divorce in the state even if their legal residence is elsewhere.

Important factors include:

• If the military member relocates to a new duty station in another state, it may raise jurisdictional questions.
• Working with an attorney who understands both state and federal military divorce laws is critical to ensuring the proper legal steps are followed.

Managing a Military Divorce With Devan & Null PLLC

While deployment and relocation present unique challenges, managing a military divorce is possible with careful planning and the right legal guidance. At Devan & Null, we understand the complexities military families face during divorce, and we’re here to help.

We guide you through the process by:

• Helping you navigate deployment and relocation delays, ensuring your legal rights are protected even when faced with military obligations.
• Assisting in developing custody plans that accommodate the demands of military life while prioritizing your child’s best interests.
• Ensuring military benefits and assets are fairly divided according to North Carolina law.

If you or your spouse is deployed or relocating, let Devan & Null assist you in moving forward with confidence, knowing that your rights are protected and your family’s needs are prioritized.

Get in touch today to schedule your consultation and start finding your best path forward.

In North Carolina, the division of property, assets, and debts in a divorce follows the principle of equitable distribution. This process aims to divide marital property in a way that is fair, but not necessarily equal. 

Understanding how this process works and what factors the court considers can help you prepare for what to expect and ensure your rights are protected throughout the divorce.

Marital Property vs. Separate Property

Before any division takes place, it is important to distinguish between marital property and separate property, as only marital property is subject to division during a divorce.

• Marital Property: This includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. Marital property typically includes the family home, joint bank accounts, retirement benefits earned during the marriage, vehicles, and other assets acquired after the marriage date. Even if one spouse was primarily responsible for earning the money used to acquire the property, it is still considered marital property under North Carolina law.
• Separate Property: Separate property includes assets or debts that either spouse acquired before the marriage or received during the marriage as a gift or inheritance specifically to one spouse. Separate property also includes any assets or property specifically outlined as separate in a valid prenuptial agreement. It’s important to note that separate property is not subject to division and remains with the spouse who originally owned it.

In some cases, there may be mixed property, which includes both marital and separate elements. 

For example, if one spouse owned a house before the marriage but the couple made mortgage payments on it during the marriage, the house may have both separate and marital components. 

The court will determine how much of the value of the asset is marital and subject to division.

Factors the Court Considers in Equitable Distribution

North Carolina’s equitable distribution system does not necessarily mean a 50/50 split of marital assets and debts. Instead, the court looks at a variety of factors to determine what is fair for both parties. The goal is to divide property in a way that reflects each spouse’s contributions to the marriage and their financial needs after the divorce.

Here are some of the key factors the court considers when dividing property:

1. Length of the Marriage
   The duration of the marriage can play a significant role in how property is divided. In longer marriages, the court may be more likely to divide property equally because both spouses may have contributed to the acquisition of assets and debts over a long period. In shorter marriages, the division may more closely reflect each spouse’s individual contributions.
2. Each Spouse’s Income, Property, and Financial Status
   The court will consider each spouse’s income, separate property, and overall financial situation. If one spouse has significantly more income or assets than the other, the court may award a larger portion of the marital property to the spouse with fewer resources to ensure financial stability after the divorce.
3. Contributions to the Acquisition of Marital Property
   Both financial and non-financial contributions are considered in equitable distribution. This means that a spouse who worked full-time to support the family and a spouse who stayed home to care for the children are both recognized for their contributions to the marriage. The court will evaluate how each spouse contributed to the acquisition, preservation, and maintenance of the marital property.
4. Custody of Children
   If one spouse is awarded primary physical custody of the children, the court may take this into account when dividing property. For example, the spouse with primary custody may be awarded the family home to provide a stable environment for the children. Additionally, the court may consider the impact of child support or alimony payments on the financial situation of both spouses.
5. Debts and Liabilities
   Marital debts, such as mortgages, credit card debts, and car loans, are divided alongside marital assets. The court will consider each spouse’s ability to repay these debts when determining how they should be divided. In some cases, the court may allocate a larger share of the debts to the spouse who has a higher income or greater financial resources.
6. Acts of Waste or Dissipation
   If one spouse wasted or dissipated marital assets, such as by gambling or spending large sums of money on extramarital affairs, the court may consider this when dividing property. A spouse who engaged in wasteful spending may receive a smaller share of the marital estate to account for the losses caused by their actions.
7. Tax Consequences
   The court may consider the tax implications of dividing certain assets, such as retirement accounts, stocks, or real estate. For example, if one spouse is awarded an asset that will result in significant tax liabilities upon sale or withdrawal, the court may adjust the division of other assets to account for this tax burden.
8. Retirement and Pension Accounts
   Retirement and pension accounts earned during the marriage are considered marital property. However, dividing these assets can be complex, especially if the accounts are employer-sponsored or involve pensions. The court may use a Qualified Domestic Relations Order (QDRO) to ensure that retirement benefits are divided equitably without triggering early withdrawal penalties or tax liabilities.
9. Health and Age of the Spouses
   The court may consider each spouse’s age and health when determining how to divide property. If one spouse is significantly older or has health issues that limit their ability to earn income, the court may award them a larger share of the marital assets to provide for their future financial needs.
10. Alimony or Spousal Support
    If alimony or spousal support is awarded, the court may take this into consideration when dividing property. For example, if one spouse receives a larger share of the marital assets, the court may reduce the amount of alimony that spouse is entitled to receive.

Property Division Process

The property division process generally follows several steps:

1. Inventory of Marital Property and Debts:
   Both spouses must provide a full inventory of their assets and debts, including bank accounts, real estate, vehicles, retirement accounts, and any outstanding loans or liabilities. Accurate documentation is essential for ensuring that property is divided fairly.
2. Classification of Property:
   The court will classify each asset and debt as either marital or separate property. Only marital property is subject to division. This process may involve appraisals, financial statements, and expert testimony, especially if there are disputes over the value or classification of certain assets.
3. Valuation of Assets:
   Once the property has been classified, the court will determine the value of the marital property. This can include appraisals of real estate, businesses, or valuable personal property, as well as statements of account balances for financial assets.
4. Distribution of Property:
   The court will then distribute the marital property and debts based on the principles of equitable distribution. If both parties agree on how to divide their assets and debts, they can present a settlement agreement to the court for approval. If they cannot agree, the court will issue an order determining how the property will be divided.

Alternatives to Court-Ordered Property Division

While the court can decide how to divide property if the spouses cannot agree, many couples prefer to reach a settlement agreement outside of court. This allows both parties to have more control over the outcome and can save time and money by avoiding a lengthy court battle.

With the help of your attorney, you and your spouse can negotiate a property division agreement that reflects your preferences and priorities. Once an agreement is reached, it can be submitted to the court for approval. As long as the agreement is fair and equitable, the court is likely to approve it.

How Devan & Null Can Help You with Property Division

At Devan & Null PLLC, we understand that dividing property during a divorce can be a stressful and emotional process. With over 30 years of experience in family law, Attorney Laura Devan is here to guide you through every step of the equitable distribution process, ensuring that your rights are protected and that you receive your fair share of marital property.

We work with you to:

• Help you identify and classify your assets and debts to ensure a fair and accurate division of property.
• Negotiate on your behalf to reach a settlement agreement that protects your financial interests and avoids unnecessary conflict.
• Advocate for your rights in court if property division disputes arise and ensure that the court understands your financial needs and contributions to the marriage.

If you’re concerned about how your property, assets, and debts will be divided during your divorce, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We help you navigate the complexities of equitable distribution and ensure a fair outcome.

In North Carolina, separation is a required step before filing for divorce. Unlike some states, North Carolina does not offer “legal separation” through the courts, but couples must live separately for one full year before they can file for an absolute divorce. 

This separation period is essential, and both spouses must live in different residences with the intent of making the separation permanent. 

Understanding how this process works and what it entails can help you move forward with clarity and confidence.

The One-Year Separation Requirement

In North Carolina, the law mandates that spouses live apart for one continuous year before either spouse can file for divorce. This separation period begins the day you start living in different homes—not just in different rooms of the same house. 

During this time, the separation must be maintained without any reconciliations, even brief ones, as any attempt at reconciliation could restart the one-year clock.

Key points about the one-year separation requirement include:

• Living separate and apart: You must reside in separate homes for one year. This physical separation is essential for meeting the legal requirement.
• Intent to remain apart: One or both spouses must intend for the separation to be permanent. This means that the separation is not temporary or a “trial” period.
• Reconciliation resets the clock: If the spouses attempt to reconcile, even briefly, it could reset the one-year separation period. This includes resuming marital relations or living together under the same roof again, which would require the separation period to start over.

Separation Agreements

While North Carolina does not require a court order to be considered separated, many couples choose to create a separation agreement during this period. A separation agreement is a legally binding document that outlines how the couple will handle key issues like finances, property division, child custody, and support during the separation. 

This agreement can help prevent conflicts and misunderstandings and protect both parties during the year-long separation.

Key components of a separation agreement include:

• Division of property and debts: The agreement outlines how marital property, assets, and debts will be divided during the separation. This can include decisions about who will stay in the family home, how bills will be paid, and how savings or investments will be managed.
• Child custody and support: If the couple has children, the separation agreement can establish a temporary custody and visitation plan, as well as any child support payments. This helps ensure that the children’s needs are met during the separation period.
• Spousal support: In some cases, one spouse may need financial support during the separation. The separation agreement can outline any alimony or spousal support payments to ensure that both parties can meet their financial obligations.

The Benefits of a Separation Agreement

Although a separation agreement is not required, having one in place can provide numerous benefits, including:

• Clarity and structure: A separation agreement clearly defines each spouse’s rights and responsibilities, helping to reduce conflict during the separation period.
• Protection for both parties: The agreement can protect both spouses by outlining how assets will be divided and ensuring that financial and parenting obligations are met.
• Preparing for divorce: If the couple eventually decides to proceed with divorce, having a separation agreement in place can streamline the process, as many of the key issues will have already been resolved.

What Happens During the Separation Period?

During the one-year separation period, both spouses must abide by the terms of any separation agreement and maintain separate households. The purpose of this time is to give the couple space to consider their next steps—whether they will reconcile or proceed with divorce. 

It is also a time to make necessary legal and financial arrangements for the future, such as dividing property or setting up custody schedules for children.

The separation period allows you to:

• Focus on your individual needs: Living apart gives both spouses time to reflect on their relationship and personal goals.
• Create a plan for the future: During this time, you can work with your attorney to create a plan for property division, financial support, and child custody, ensuring that your rights are protected.
• Prepare for the possibility of divorce: If reconciliation is not possible, the separation period helps prepare you for the next steps in filing for divorce, including resolving legal and financial issues.

At the end of the one-year separation period, if reconciliation has not occurred, either spouse can file for an absolute divorce, provided all legal requirements are met. It’s important to have an experienced attorney guide you through this process to ensure that your rights are fully protected.

How Devan & Null Can Help You During Separation

At Devan & Null, we know that separation can be an emotional and uncertain time. With over 30 years of experience in North Carolina family law, Attorney Laura Devan is here to help you navigate this process with confidence and clarity. 

Whether you’re seeking guidance on creating a separation agreement or simply need advice on how to protect your rights during this period, we’re here to provide the legal support you need, such as:

• Help understanding the legal requirements for separation in North Carolina.
• Assistance in drafting a comprehensive separation agreement that addresses key issues like property division, child custody, and financial support.
• Providing personalized legal advice to help you navigate the separation process and prepare for your future.

If you’re considering separation and want to know more about your legal rights and obligations, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. 

Let us help you protect your interests and plan for the next steps in your journey.

In North Carolina, an uncontested divorce is a straightforward process that allows couples who agree on all major issues, such as property division, spousal support, and child custody, to dissolve their marriage without going through a lengthy and contentious court battle. 

However, even though it’s simpler than a contested divorce, there are still specific legal steps that must be followed to ensure the divorce is finalized according to state law. 

Understanding the process and how long it takes can help you prepare for this transition and ensure everything goes smoothly.

Step 1: Meet the Separation Requirement

The first and most important requirement for any divorce in North Carolina, including an uncontested divorce, is that you and your spouse must live “separate and apart” for at least one continuous year before filing for divorce. This means you must live in different residences with the intent that the separation is permanent. 

North Carolina does not recognize legal separation as a court order, but both spouses must have the intent to remain apart permanently during the entire year-long separation period. During this time, you can begin to negotiate the terms of your divorce, but you cannot file for divorce until the full year has passed.

Key points about the separation requirement:

• Living separately: You and your spouse must reside in separate homes for one full year. Living in different parts of the same house does not meet the legal definition of separation.
• Intent to remain apart: One or both spouses must have the intent that the separation is permanent. This intent must be maintained throughout the entire separation period.
• Reconciliation restarts the clock: If you and your spouse reconcile, even briefly, and resume living together, the one-year separation period will restart. Any reconciliation must be considered when calculating the separation timeline.

Step 2: Filing for Divorce After the Separation Period

Once the one-year separation period is complete, you can file for an uncontested divorce. This involves submitting specific legal documents to the court, including the Complaint for Divorce. 

This document outlines the terms of the divorce and the legal reasons for the dissolution of the marriage. North Carolina is a no-fault divorce state, meaning you do not need to prove that one spouse did something wrong to cause the divorce. 

The only legal requirement is that you have lived separate and apart for one year.

Step 3: Reaching an Agreement on Key Issues

An uncontested divorce means that you and your spouse agree on all the major terms of the divorce. This includes:

• Property division: You and your spouse must agree on how to divide marital property, including real estate, personal belongings, bank accounts, retirement accounts, and other assets.
• Spousal support (alimony): If one spouse requires financial support after the divorce, you must agree on the amount and duration of spousal support.
• Child custody and visitation: If you have children, you must create a custody and visitation plan that works for both parents and serves the best interests of the child.
• Child support: You must agree on the amount of child support to be paid, based on North Carolina’s child support guidelines.

If you and your spouse agree on all these issues, your attorney will help you draft a separation agreement, which outlines the terms of your divorce. This agreement is legally binding and ensures that both parties understand their rights and responsibilities after the divorce.

Step 4: Filing the Divorce Complaint and Other Necessary Forms

Once the agreement is in place, you will need to file several documents with the court to officially start the divorce process. These documents include:

• Complaint for Divorce: This document officially requests the divorce and explains that the one-year separation requirement has been met.
• Summons: The Summons informs your spouse that you are filing for divorce, even if they agree with it. This document must be served to your spouse, either through a process server or certified mail.
• Verification of Complaint: This is a sworn statement verifying that the information in your divorce Complaint is true and correct.
• Affidavit of Service: Once your spouse has been served with the Summons, you will need to file an Affidavit of Service, which shows proof that your spouse received notice of the divorce filing.

Step 5: Waiting for the Divorce to be Finalized

After the paperwork has been filed and your spouse has been served, there is a waiting period before the court can finalize the divorce. This waiting period is typically 30 to 60 days, during which time the court will review the paperwork to ensure that everything is in order.

If everything is correct, and your spouse does not contest any part of the divorce, the judge will issue a Judgment of Absolute Divorce. This document officially ends the marriage. In most uncontested divorce cases, there is no need to appear in court. The divorce can be finalized without a hearing if the paperwork is complete and both parties agree to the terms.

How Long Does an Uncontested Divorce Take?

The uncontested divorce process in North Carolina typically takes about 45 to 90 days from the time you file the Complaint to when the divorce is finalized. This timeline can vary depending on the court’s schedule and how quickly your paperwork is processed. However, because both parties agree on the terms of the divorce, there is no need for lengthy court battles, which significantly speeds up the process compared to a contested divorce.

Factors that can affect the timeline include:

• Court processing times: The time it takes for the court to process and review the paperwork can vary depending on the county’s schedule.
• Serving the Summons: Your spouse must be properly served with the divorce papers. If there are delays in serving the Summons, it could extend the timeline.
• Final approval by the court: After the waiting period, the judge will review the divorce agreement and issue a final divorce decree. This process can take additional time, depending on the court’s availability.

How Devan & Null Can Help You Through the Uncontested Divorce Process

At Devan & Null PLLC, we are here to guide you through every step of the uncontested divorce process. 

With over 30 years of experience in North Carolina family law, Attorney Laura Devan understands the legal requirements and can ensure that your divorce is handled smoothly and efficiently. 

We assist you with drafting and filing the necessary paperwork, creating a fair divorce agreement, and finalizing the process so you can move forward with your life.

Our services include:

• Helping you understand the legal requirements: We explain North Carolina’s separation and divorce laws, ensuring that you meet the requirements for an uncontested divorce.
• Drafting a comprehensive separation agreement: We work with you and your spouse to create a separation agreement that covers property division, spousal support, child custody, and other important issues.
• Handling all court filings: We file the Complaint for Divorce, serve the Summons, and submit all necessary documents to the court on your behalf.
• Finalizing the divorce: We ensure that your divorce is finalized quickly and efficiently, helping you move forward with confidence.

If you are ready to begin the uncontested divorce process, contact Devan & Null PLLC today at 910-486-6855 to schedule a consultation. We are here to guide you through the process and ensure that your divorce is handled with care and expertise.

In North Carolina, both prenuptial and postnuptial agreements are legal tools used by couples to define how their assets, debts, and financial matters will be handled in the event of a separation, divorce, or even death. 

While both agreements serve similar purposes, the key difference between them lies in the timing of when they are executed. Understanding the distinction and knowing when each is appropriate can help you make the best decision for your personal and financial circumstances.

What Is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legally binding contract created by a couple before they are married. This agreement outlines how financial matters will be handled during the marriage and in the event of a divorce. It can specify how assets and debts will be divided, whether spousal support will be paid, and how certain assets, such as businesses or inheritances, will be treated. 

In North Carolina, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which sets the legal standards for these contracts.

Key Features of a Prenuptial Agreement:

• Executed Before Marriage: A prenuptial agreement must be signed before the couple legally marries. Once the marriage takes place, the agreement goes into effect.
• Full Disclosure: For the agreement to be valid, both parties must fully disclose their financial situation. This means revealing all assets, debts, income, and liabilities. If one party fails to disclose important financial information, the agreement can be challenged and potentially invalidated.
• Customized Terms: A prenuptial agreement can be tailored to the specific needs of the couple. It can address a wide range of issues, including property division, spousal support, and the handling of pre-marital assets or future inheritances.
• Flexibility in Terms: Couples can also use prenuptial agreements to set terms for how marital property will be divided, how certain debts will be handled, and even how retirement benefits will be split. However, it cannot address issues like child custody or child support, as these matters must be decided based on the best interests of the child at the time of divorce.

What Is a Postnuptial Agreement?

A postnuptial agreement, or “postnup,” is similar to a prenuptial agreement, but it is created after the couple is already married. A postnup allows married couples to define how their assets and financial matters will be managed in the event of a divorce, separation, or death. 

While North Carolina law does not have a specific statute governing postnuptial agreements like it does for prenuptial agreements, postnups are generally enforceable as long as they meet the same basic legal requirements as prenuptial agreements: full financial disclosure, voluntariness, fairness, and a signed written agreement.

Key Features of a Postnuptial Agreement:

• Executed After Marriage: A postnuptial agreement is signed after the couple has already married. It may be created at any point during the marriage, whether soon after the wedding or years later.
• Same Disclosure Requirements: Just like with a prenuptial agreement, both spouses must fully disclose their financial situation for the postnuptial agreement to be valid. Failure to disclose assets, debts, or income can lead to the agreement being overturned in court.
• Can Address Changes in Circumstances: A postnuptial agreement can be especially useful if there have been significant changes in the couple’s financial situation since the marriage. For example, if one spouse inherits a large sum of money, starts a successful business, or the couple purchases valuable property, they may wish to create a postnuptial agreement to clarify how those assets will be handled in the event of a divorce.
• Similar Enforceability Requirements: As with prenuptial agreements, postnups must be entered into voluntarily, without coercion or pressure. Both parties must have a reasonable opportunity to review the terms and seek legal counsel if desired.

When Should You Consider a Prenuptial Agreement?

A prenuptial agreement is most beneficial for couples who want to define financial terms before they get married, particularly in cases where one or both spouses have significant assets or debts. Here are some situations where a prenuptial agreement may be the right choice:

• Protecting Pre-Marital Assets: If you or your spouse owns property, savings, or investments that were acquired before the marriage, a prenuptial agreement can ensure that these assets remain separate in the event of a divorce. This can be particularly important if one party has significantly more assets than the other.
• Business Ownership: If one or both parties own a business, a prenuptial agreement can help protect the business and ensure that it is not divided or negatively impacted during a divorce. This can be essential for family-owned businesses or businesses with other partners or shareholders.
• Significant Inheritances or Future Wealth: If one party expects to receive an inheritance or has significant future earnings potential (such as through intellectual property, royalties, or bonuses), a prenup can clarify how these assets will be treated in the event of a divorce.
• Debt Protection: If either party has significant pre-marital debts (e.g., student loans, credit card debt), a prenuptial agreement can help ensure that the other spouse is not held responsible for those debts in the event of a divorce.

When Should You Consider a Postnuptial Agreement?

A postnuptial agreement is ideal for couples who did not create a prenuptial agreement before marriage or whose financial circumstances have changed significantly since getting married. Here are some situations where a postnuptial agreement may be the right choice:

• Major Financial Changes: If you or your spouse has experienced a significant change in financial circumstances, such as receiving an inheritance, acquiring substantial assets, or starting a successful business, a postnuptial agreement can help protect those assets.
• Changing Roles in the Marriage: If one spouse has taken on a different financial role in the marriage, such as leaving a career to become a stay-at-home parent, a postnup can clarify how spousal support and property division will be handled if the marriage ends.
• Addressing Marital Issues: Some couples use postnuptial agreements as a way to address and resolve financial disputes or uncertainties within the marriage. By setting clear terms for property division and financial responsibilities, a postnuptial agreement can reduce conflict and provide stability.
• Clarifying Financial Responsibilities: If the couple’s financial situation has become more complex since the marriage, a postnup can help clarify how debts, investments, and joint accounts will be managed, especially in the event of a divorce.

Which Agreement Is Right for You?

The choice between a prenuptial and postnuptial agreement depends largely on your timing and circumstances. A prenuptial agreement is ideal for couples who want to plan their financial future before they marry, ensuring that both parties are protected from the outset. 

On the other hand, a postnuptial agreement is beneficial for married couples whose financial situation has evolved or for those who didn’t consider a prenup before marriage but now recognize the need for legal clarity.

Legal Requirements for Both Agreements

Whether you are considering a prenuptial or postnuptial agreement, the following requirements must be met for the agreement to be legally enforceable in North Carolina:

• Full Disclosure: Both parties must fully disclose all assets, debts, and financial obligations. Failure to do so can result in the agreement being invalidated.
• Voluntary Agreement: Both parties must enter into the agreement willingly, without any coercion, pressure, or fraud. If one party is forced into signing, the agreement can be challenged in court.
• Fairness: The terms of the agreement must not be unconscionable, meaning they cannot be excessively one-sided or unfair to one party. A court may refuse to enforce an agreement if it deems the terms to be unfair at the time of signing.

How Devan & Null Can Help

At Devan & Null PLLC, we have over 30 years of experience helping couples create prenuptial and postnuptial agreements that protect their financial interests and offer peace of mind. Whether you’re entering a marriage or already married and seeking clarity about your financial future, we work with you to craft an agreement that meets your needs and ensures that your assets are protected.

If you’re ready to create a prenuptial or postnuptial agreement, or if you have questions about how these agreements can benefit you, contact Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to guide you through the process with compassion and legal expertise.