Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Board-Certified Specialists • Durham, Raleigh, Cary, Pittsboro & Wake Forest
Only about 1.1% of practicing attorneys in North Carolina have earned the designation of board-certified specialists in family law by the North Carolina Board of Legal Specialization. At Ellis Family Law, P.L.L.C., we have several of these divorce lawyers at our firm.
When you work with us, your case will start with a personal conversation with Gray Ellis or another senior attorney. They will explain the legal process of divorce and your options. Based in Durham, Raleigh, Cary, Pittsboro, and Wake Forest, we offer convenient locations to work with divorcing individuals, wherever they might live throughout the Triangle area.
An absolute divorce is the action that terminates the marriage. An absolute divorce is not based on fault, but rather a separation of the spouses for at least one year and one day with at least one spouse having the intent for that separation to be permanent. Only a court can give a couple a divorce; parties to a marriage cannot contract to be divorced.
Contrary to popular sentiment, there is no requirement that both spouses “sign” for the divorce. As long as you meet the jurisdictional requirements to obtain a divorce, there is little to nothing your spouse can do to stop the divorce judgment from being entered.
Divorce from bed and board arises when there has been some type of uncondoned and unprovoked marital misconduct, i.e., substance abuse, abandonment, adultery, domestic violence, etc. It is a legally sanctioned separation and cuts off certain liabilities one spouse has for the other.
A divorce from bed and board claim is infrequent but may be appropriate in certain situations. It is important to discuss with one of our attorneys if this type of claim is appropriate in your situation.
In North Carolina, you can file for an absolute divorce if you have been separated for at least one year and a day. Requirements for separation: living in different homes with at least one spouse intending the separation to be permanent.
You or your spouse must also currently live in North Carolina for at least six months before filing for the divorce.
Filing for divorce requires submitting certain paperwork to the court. You will need to file the following types of documents: a complaint, a summons and a Domestic Civil Action Cover Sheet. You will also need to pay a court filing fee. After filing, timing depends on things like service of process and the court calendar. The statute requires that after the defendant is served with a summons and complaint they have 30 days to file an Answer before moving the case toward final hearing/judgment. Working with a North Carolina divorce attorney can help you access these documents, fill them out appropriately and file them with the correct court.
Alimony, or spousal support, is a financial payment made from one spouse to another when the receiving spouse is financially dependent on the other spouse. Spousal support aims to help the receiving spouse maintain their standard of living after the divorce. Determining who is eligible for spousal support or who must pay alimony depends on factors such as your income and the length of your marriage. We can help you navigate this process.
We approach high-conflict cases with the utmost care. We help identify tools and services that can support our clients throughout their journey, such as Certified Divorce Planners, therapists, valuators, forensic accountants and other professionals. We bring stability and calm while focusing on your future. We then ensure we offer guidance, not gasoline, throughout the process.
To file for an absolute divorce in North Carolina, at least one spouse must have lived in North Carolina for at least 6 months immediately before the divorce is filed.
If the person filing (the “plaintiff”) is not a North Carolina resident, the case generally must be filed in the county where the other spouse (the “defendant”) resides.
In most North Carolina cases, the timeline has two big phases:
Typical “uncontested” range after filing (once the one-year separation is already complete): often about 45–90 days, depending on service and scheduling.
North Carolina follows “equitable distribution” laws when it comes to dividing property during a divorce. Equitable distribution does not mean an even 50/50 split between the spouses. Instead, courts consider various factors regarding the spouses’ incomes and overall marriage to determine a division of property that is fair and equitable. An attorney can help you understand how property division will impact your assets and develop a strategy to help you protect the assets most important to you.
The most typical times litigation is necessary is if there is a significant disagreement over the value of certain assets (such as a business entity) or a high-conflict case involving children. Sometimes one party refuses to participate in settlement negotiations, and in order to reach a resolution the case must be litigated.
Deciding whether to hire a divorce lawyer often depends on the complexity of your situation and your comfort level with the legal process. Mediation or handling matters on your own may work if you and your spouse have minimal assets, agree on key issues, and are committed to cooperating fully. However, if there are disagreements about property, custody, or support, or if there are retirement benefits, investment acounts, business interests, or other more complex assets in play it’s wise to have an experienced divorce lawyer by your side to protect your rights and ensure a fair outcome.
In everyday terms:
Uncontested divorce usually means the divorce can move forward without a fight in court—either because the other spouse doesn’t oppose it or because the spouses have already resolved key issues (property, support, custody) by agreement.
Contested divorce means there is a disagreement that requires court involvement—either about the divorce requirements themselves (like whether the one-year separation is met) or, more commonly, about related issues like property division, support, or custody.
One NC-specific nuance: North Carolina allows an absolute divorce after the statutory requirements are met (most commonly one year of separation), even if other issues are still being disputed in separate claims.
A separation agreement is a private contract that can help spouses settle issues while they’re separated—often including property division, spousal support, and parenting arrangements. North Carolina does not require a separation agreement to be “legally separated,” but it can reduce conflict and create clear expectations.
Key points to include in your FAQ:
Important planning note: in many situations, certain claims (like equitable distribution) can be lost if not asserted before the divorce judgment—so agreements and/or claims should be handled thoughtfully before finalizing the divorce.
Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
...Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and...
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and helps you work through a difficult process. I appreciate her guidance and the team’s support. Highly recommend.
Dear Shannon Tucker and Ellis Family Law, I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of...
Dear Shannon Tucker and Ellis Family Law,
I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of the most stressful and emotional situations I’ve ever faced, and having Shannon in my corner gave me an incredible amount of peace of mind.
From the beginning, I trusted her completely. Even with an incredibly short notice with my request for help, Shannon handled every aspect of my case tactfully, professionally, and with genuine care. She was an incredible negotiator, always made sure I understood what was happening and when/why it was happening, and most importantly, made sure I felt comfortable with every decision along the way.
In a situation that naturally comes with so much stress and uncertainty, Shannon took a tremendous amount of that weight off my shoulders. I knew she was fighting for what mattered most to me and that I could trust her judgment every step of the way.
Calling her a lifesaver honestly feels like an understatement. I will always be grateful for what Shannon did for me and my family. If you are looking for an attorney who is professional, compassionate, trustworthy, and someone you genuinely want in your corner, I cannot recommend Shannon and Ellis Family Law highly enough.
Five stars without hesitation, thank you so much!
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job!...
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job! My only regret is I didn’t meet her years ago
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations...
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations that I’d only hoped for. I couldn’t be happier with the results of my divorce.
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter...
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter can be incredibly overwhelming, but having an attorney who is knowledgeable, responsive, honest, and truly listens has made such a difference.
Kathleen has taken the time to understand my situation, answer my questions, explain my options, and help me navigate decisions that I never expected to have to make. I have always felt that my concerns were taken seriously and that I had someone in my corner advocating for me while still giving me realistic and straightforward advice.
The entire office has been professional, compassionate, and helpful throughout the process. When you’re dealing with something that affects your children, your family, and your future, having confidence in the people representing you means everything.
I am extremely grateful for Kathleen and her team and would highly recommend this office to anyone looking for knowledgeable and compassionate representation in a family law matter.
Our team is experienced across all aspects of family law. Explore related services below.
Sophisticated representation for divorces involving substantial assets, complex finances, and long-term financial interests.
Strategic counsel for dividing assets and debts in a way that safeguards your financial future.
Just because you must wait one year and one day to divorce doesn’t mean you should postpone resolving all other issues surrounding your marriage. Our team is ready to address your concerns, answer your questions and develop a strategy that accomplishes your goals.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
