Divorce Services at The Goodman Law Firm

Divorce can feel overwhelming, but it’s also a step toward a new chapter of peace and clarity. At The Goodman Law Firm, we’re here to make that process as smooth as possible. With compassion, expertise, and a personalized approach, we help you navigate this complex journey—always keeping your best interests (and those of your family) at the forefront.

What Is Divorce?

Simply put, divorce is the legal process to end a marriage. In North Carolina, this process falls into two main categories: Absolute Divorce and Divorce from Bed and Board. Let’s break them down.

Absolute Divorce

An absolute divorce in North Carolina is no-fault, meaning you don’t need to prove misconduct. Here’s what’s required:

• The spouses must have lived apart for at least one continuous year.
• At least one spouse must have lived in North Carolina for six months before filing.

If these conditions are met, you could be on your way to finalizing your divorce. Our team will ensure that your rights are protected and that the final outcome is fair.

Special Cases – Incurable Insanity:
In rare instances where one spouse is diagnosed with incurable insanity, the separation period extends to three years. In these cases, only the sane spouse can file for divorce. These cases have specific requirements, so consulting a trusted family law attorney is essential.

Divorce from Bed and Board

Don’t let the name confuse you— Divorce from Bed and Board is not a complete dissolution of the marriage. Instead, it is a judicially ordered separation that requires one spouse to prove fault-based misconduct by the other. While the name may be misleading, this legal action carries significant consequences related to financial support, property distribution, and child custody.

To obtain this type of divorce, one spouse must present evidence of marital misconduct, which may include:

• Abandonment
• Adultery or infidelity
• Excessive use of drugs or alcohol
• Cruel or barbarous treatment
• Indignities that render the other spouse’s life intolerable or burdensome

If you're considering this route, it’s crucial to have skilled legal representation to advocate for your best interests and help you navigate the legal process effectively.

At The Goodman Law Firm, we’re here to listen, strategize, and help you through every step of the way.

Understanding the Scope of Divorce in North Carolina

In North Carolina, an absolute divorce is typically a standalone legal action that dissolves the marriage. Other issues—such as division of marital property, spousal support, and child custody or support—are separate legal claims that may or may not be part of the divorce process.

Some spouses pursue these claims alongside the divorce, while others address them before or after. However, claims for equitable distribution and spousal support must be pending or resolved before the divorce judgment is entered, or the court loses jurisdiction to decide them.

Key Legal Issues Often Associated with Divorce

1. Division of Marital Property

When applicable, determining how marital property and debts are divided is a critical step in divorce. This includes:

• Real estate, including the marital home
• Personal property, such as vehicles, furniture, and valuables
• Financial accounts, including savings, retirement, and investments
• Debts and liabilities, from mortgages to credit cards

In North Carolina, marital property is divided through equitable distribution, which aims for a fair—not necessarily equal —division of assets and debts. The court can consider each spouse’s contributions, needs, and economic circumstances when making decisions regarding marital property.

2. Spousal Support (Alimony)

Spousal support may be relevant when one spouse needs financial assistance after separation. Some factors influencing alimony include:

• The duration of the marriage
• The financial situation of each spouse
• Contributions made to the marriage, including non-financial roles (such as homemaking)
• Marital misconduct, where applicable

Whether you're seeking support or responding to a claim, having a knowledgeable attorney is key to ensuring your rights are protected.

3. Child Custody and Child Support

If children are involved, their well-being becomes the top priority. Child custody and child support arrangements should:

• Promote emotional stability and healthy development
• Define clear living arrangements and parenting schedules
• Ensure the child’s financial needs are met

The court’s standard is always the best interests of the child. Our goal is to help you craft a sustainable parenting plan that supports your child’s future.

The Emotional Impact of Divorce

Divorce is not just a legal process—it’s a deeply personal transition that affects your emotional well-being and the lives of your children and extended family. It’s important to:

• Acknowledge and process difficult emotions
• Seek support from professionals, friends, or family
• Focus on building a healthy, positive future

At The Goodman Law Firm, we understand that your experience is more than paperwork. We’re here to support you with compassion as well as legal guidance.

Types of Divorce Services We Offer

Every divorce is different. We tailor our approach based on your specific needs and circumstances.

Contested Divorce

When you and your spouse cannot agree on key issues like property division or custody, we provide skilled negotiation and courtroom advocacy to protect your interests.

Uncontested Divorce

For couples who can reach agreement on all major terms, we handle the legal filings efficiently to ensure a smooth, cost-effective resolution.

Fault and No-Fault Divorce

Whether your case involves misconduct (like adultery or cruelty) or is based solely on a one-year separation, we’ll help you navigate the legal nuances and protect your interests.

High Net-Worth Divorce

Divorces involving significant assets, businesses, or investments require a strategic approach to equitable distribution. We work closely with you to address the financial complexities of high-asset divorces and develop a clear, effective strategy.

Military Divorce

We have experience handling divorces involving active-duty or retired service members, including issues like deployment, military benefits, and federal protections.

Why Choose The Goodman Law Firm?

We believe in protecting families—especially children—from the emotional toll of contentious legal battles. While we don’t pursue conflict for conflict’s sake, we won’t back down when your rights, your children, or your future are at stake. With a compassionate approach and a fierce commitment to advocacy, we stand by you every step of the way.

I started this firm with a simple but powerful mission: to make sure you feel heard, understood, and empowered—no matter how complicated or overwhelming your situation may seem. Whether you need help filing for absolute divorce, pursuing a Divorce from Bed and Board, or simply understanding your legal options, we’re here to guide you with clarity, strength, and heart.

Let’s talk. Schedule your consultation today!

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What Clients Like You Want to Know

What are the requirements for filing an absolute divorce in North Carolina?

You and your spouse must have lived separately and apart for at least one continuous year, and one spouse must have resided in North Carolina for six months before filing.

Do I need to prove fault to get a divorce in North Carolina?

No. North Carolina allows for a no-fault divorce based on a one-year separation. Fault is only relevant in limited cases, such as Divorce from Bed and Board or certain alimony claims.

What is a Divorce from Bed and Board?

This is a type of fault-based legal separation—not a full divorce. It may be pursued in cases involving abandonment, cruelty, adultery, or substance abuse.

Can I file for divorce while living under the same roof as my spouse?

For an absolute divorce, you must live separately and apart for a full year. Living in the same residence—even in different rooms—does not count.

What happens to property and assets during a divorce?

If applicable, property is divided using North Carolina’s equitable distribution process, which considers fairness rather than strict equality.

How is child custody determined in a divorce?

Custody decisions are based on the best interests of the child, factoring in living arrangements, each parent’s circumstances and ability to provide, and the child’s schedule, activities, and preferences (if appropriate), as well as other relevant considerations. [Learn more on our Child Custody page.]

What is the difference between legal separation and divorce?

Legal separation—such as Divorce from Bed and Board—allows spouses to live apart and address custody and property without formally ending the marriage. Divorce legally terminates the marriage.

Can I remarry immediately after my divorce is finalized?

Yes. Once the court grants your absolute divorce, you are legally free to remarry.

How long does the divorce process take in North Carolina?

Once you’ve met the separation requirement (living separate and apart for at least one continuous year), the absolute divorce process typically takes 60 to 120 days from the date of filing—if the case is uncontested and all paperwork is properly prepared and served.

However, delays can occur depending on how quickly service is completed, how promptly the court processes the paperwork, and the docket in your specific county. Contested issues such as property division, alimony, and child custody are handled as separate claims and may take significantly longer to resolve.

Do all divorces involve property, support, or custody issues?

No. Some couples have no children or shared assets. In North Carolina, these are separate legal claims that may be handled before, during, or after the divorce. However, property and alimony claims must be filed or resolved before the divorce judgment is entered to preserve your rights.

How can a divorce attorney help me?

An experienced attorney ensures your rights are protected, handles filings, negotiates settlements, and represents you in court if needed—making a difficult process more manageable.