
The divorce process can be a long and troubling road. When you are facing a divorce, you need legal guidance to retain your rights to assets, support, and any children or pets. Consider hiring a local Sawmills divorce lawyer from the Cody Law Firm. North Carolina has complex laws around equitable property division, child custody, and spousal support.
An experienced divorce attorney from the Cody Law Firm can help manage filing legal documents, negotiating agreements, and prevent mistakes that can cost you. We are here to help protect your financial future. When you hire an experienced divorce lawyer, you have legal and emotional support. We can help you stay focused on building a future that supports you and your family.
The state of North Carolina’s divorce rate in 2025 is 2.7 per 1000 people. This is slightly higher than the national average of 2.4 divorces per 1,000 people. What statistics can’t tell you is why the rate is higher in North Carolina. All we know is that North Carolina is a no-fault divorce state with two types of divorce: Contested and Uncontested.
In an uncontested divorce, both spouses agree on how marital assets are divided. If there are children involved, then they must also agree on child custody and any spousal support required. It’s nearly impossible to come to a complete agreement on asset division, child custody, and spousal support as a divorcing couple.
Most divorce cases are contested. A contested divorce means the spouses cannot reach an agreement on property or asset division, child custody, or spousal support. Divorce proceedings can get complicated quickly, so hire an experienced divorce lawyer as early as possible to help guide the legal process. Your divorce lawyer can help advocate for your needs and negotiate fair agreements.
When one spouse has decided to divorce, it’s beneficial to prepare beforehand. To prepare for a divorce, do the following:
When separating, create a separation agreement that covers who is paying which bills, who lives in the marital home, and where the children live, if any. If you are exchanging kids on weekends, write it down. If possible, take a pass at separating assets, debts, and coming up with a child custody agreement and a spousal support plan.
Don’t be discouraged if it’s not possible to agree on custody, support, and assets. It can all be done with the help of your divorce attorney. Simply perform the basic steps to prepare for the divorce. For cases that go to trial in Sawmills, they are usually held at the Caldwell County Courthouse on Main Street in Lenoir.
Avoid posting or discussing any part of your divorce or former spouse on social media. Any information posted on social media can be used to damage your credibility. Additionally, don’t try to ruin your or your spouse’s credit. You are still liable for each other’s debts and assets until your divorce is final.
Do not hide assets, date another person in public, or engage in sexual relations with your spouse. If you do, you have to start the separation period over. Create a separation agreement with the help of your divorce lawyer before moving out of the marital home. Follow the agreement completely. Keep the relationship as civil as possible and stay in separate homes.
How much a divorce lawyer costs in Sawmills, North Carolina, depends on the complexity of the divorce case. If there are children involved, then you require a custody agreement and potentially spousal support. The complexity of assets and debts can also cause more complications and add to the cost. When consulting with a divorce lawyer, be sure to get a cost estimate.
North Carolina is not a strictly 50/50 divorce state. The state is an equitable distribution state. A court may award an unequal split based on the marriage duration, spousal income, and whether there are any children. North Carolina adheres to a no-fault rule, meaning you don’t have to prove wrongdoing, but you do have to declare a reason. You must also be separated for 1 year before proceeding with the divorce process.
If a spouse refuses to sign the divorce papers in North Carolina, the divorce proceeds. Once a couple has met the separation period, the court can grant a divorce even if the other spouse won’t sign. Be careful, because you must reach an agreement prior to the divorce becoming final for property division, alimony, and child support. If you don’t, you may lose your rights to request them.
Moving out is considered a big mistake in a North Carolina divorce because it can damage child custody claims, impact property division, and cause a financial strain for both spouses. Many judges contend that leaving creates a new normal. The new normal favors the spouse who remained in the home as the primary caretaker for children. If you move out, be sure to take all your personal belongings, financial documents, and any other evidence you need.
Divorce can be painful and disruptive for spouses, children, and friends. At the Cody Law Firm, we are dedicated to helping clients move forward with their lives. Our legal team delivers high-quality and personalized legal services for divorce in North Carolina.
Our experienced divorce attorneys understand North Carolina divorce laws and can help you advocate for your rights and assets. Contact our office today to get the process started.
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“Blair Cody is hands down the best attorney I’ve ever worked with. His communication, dedication, and preparedness is unmatched. He kept me informed throughout the whole process and in the end he was able to get my case dismissed. I highly recommend Cody Law Firm if you ever find yourself in need of legal services.” – Jason Loftin
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“I want to thank Wesley Chancey and Cody Law firm for a great job on taking care of me since the very first day I walked in the office. Guys if you need a lawyer that will fight for you and get the truth, then u need to give them a call. Wesley and his team will go above and beyond for you. I don’t give five stars ever but this is a FIVE STAR. Thanks again Guys!” – Randy Anderson
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