Divorce Lawyer in
Burlington, NC
Burlington is where a lot of our divorce cases start. Someone calls the office because they have decided the marriage is over, or because their spouse just filed, or because they have been separated for eleven months and want to know what happens at the twelve-month mark.
Every one of those calls needs a different answer. What they have in common is that the person on the other end wants a real picture of what the next year of their life is going to look like. We try to give them that in the first conversation.
Quick Answer for Burlington Divorce Clients: If you are a Burlington resident and you want an absolute divorce in North Carolina, you and your spouse must live separate and apart for one continuous year, and at least one of you must have lived in North Carolina for the six months before you file. Those two requirements are set out in N.C. Gen. Stat. § 50-6 and § 50-8. The divorce complaint is filed with the Clerk of Superior Court at the Alamance County Historical Courthouse, 1 Court Square, Graham. The current filing fee is $225. Most Alamance County divorce hearings are held in the Civil Courts Building (formerly the Courthouse Annex) at 126 W. Elm Street.
How long does the divorce process take in Burlington, NC?
Short Answer: In North Carolina, you must be separated for a full year and a day before you can file for absolute divorce. Once the complaint is filed, an uncontested case typically finishes in 45 to 90 days. A contested case can run 12 to 24 months beyond filing. The one-year separation is required by N.C. Gen. Stat. § 50-6.
For Burlington couples, the total timeline from separation to a signed judgment is usually around 13 to 14 months at a minimum.
The North Carolina divorce timeline in plain terms:
One year and one day of continuous physical separation before filing
Six-month North Carolina residency for at least one spouse
After filing, service of process on the other spouse (about 1 to 2 weeks)
A 30-day response window for the defendant
Judgment entered by the court after any hearings or paperwork are complete
A lot of Burlington clients ask if there is any way to speed up the one-year clock. The short answer is no. The separation period is a statutory requirement, and the clock runs the way it runs. Sleeping in different bedrooms in the same house does not count. Living apart for eleven months and moving back in for a weekend can reset the clock entirely.
However, and this matters, isolated incidents of intimacy during the separation year do not automatically restart the clock under N.C. Gen. Stat. § 50-6. A full reconciliation, meaning moving back in together with the intent to save the marriage, does reset it. If you are unsure whether something you did in the last year reset your clock, talk to a lawyer before you file.
Where do I file for divorce in Burlington?
Short Answer: Burlington residents file a verified Complaint for Absolute Divorce with the Clerk of Superior Court at the Alamance County Historical Courthouse, 1 Court Square, Graham. Alamance County sits in Judicial District 15A. As of October 2025, all 100 North Carolina counties accept electronic filing through the NC eCourts system.
Divorce complaints for Burlington couples are filed at the Alamance County courthouse in Graham, either in person with the Clerk or through the state's electronic filing system.
What happens after the complaint is filed:
The Clerk issues a Civil Summons
The other spouse is served under the North Carolina Rules of Civil Procedure
The defendant has 30 days to respond
If uncontested, the case can proceed by summary judgment or a brief hearing
The court enters a signed Judgment of Absolute Divorce
Most Burlington filings today go through the eCourts system rather than in-person paperwork. That is a real efficiency gain compared to how the process used to work. However, an uncontested case still requires the same underlying proof: one full year of separation, six-month residency, and proper service.
The filing fee is $225 statewide. Sheriff service adds roughly $30. Certified copies of the final judgment cost about a dollar per page. Budget for those costs when you plan the filing.
What is the difference between an uncontested and a contested divorce in North Carolina?
Short Answer: An uncontested divorce means both spouses agree on all major issues, including property, debts, custody, and support, before the complaint is filed. A contested divorce means at least one issue is in dispute and requires court intervention. Both types are governed by N.C. Gen. Stat. § 50-6.
Burlington divorce cases follow the same underlying statute regardless of whether they are uncontested or contested. The difference is timeline, cost, and how much of your life goes through the court.
Uncontested versus contested in plain terms:
| Uncontested Divorce | Contested Divorce |
|---|---|
| Full agreement before filing | Court resolves disputed issues |
| 45–90 days after filing | 12–24 months after filing |
| $1,000–$5,000 total | $15,000–$30,000 or more total |
| Rarely requires an appearance | Multiple appearances and discovery |
| Consent order or judgment | Trial or judicial resolution |
A lot of Burlington couples come in convinced they have an uncontested case. Some of them do. Others discover during the first meeting that they actually have three issues they have never discussed: the second car, the retirement account from the job spouse held before the marriage, and who claims the kids on taxes.
If you can genuinely agree on everything before filing, uncontested is faster and cheaper. If you cannot, forcing it does not make it uncontested. It just delays the reckoning.
What happens to property and debts in a Burlington divorce?
Short Answer: North Carolina is an equitable distribution state under N.C. Gen. Stat. § 50-20. Marital assets and debts are divided fairly, though not always equally. One timing rule matters more than any other: a claim for equitable distribution must be asserted before the divorce judgment is entered, or the right can be lost under § 50-11.
Property division in a Burlington divorce follows North Carolina's equitable distribution rules, and the deadline for preserving that claim is the entry of the absolute divorce judgment.
What courts consider under equitable distribution:
The length of the marriage
The income, property, and debts of each spouse
Contributions to the acquisition of marital property, including non-financial contributions
The tax consequences of each proposed division
Any prior support obligations from a prior marriage
The physical and mental health of both spouses
Retirement accounts and pensions earned during the marriage
This is the single most expensive mistake I see. A Burlington spouse files an uncontested divorce complaint that only asks the court to dissolve the marriage. The judgment gets signed. Six months later, they realize their name is not on the deed to the marital home, or that the retirement account from twenty years of marriage was in their spouse's name alone. By then, it is often too late.
If you have any marital property or debts to divide, the claim for equitable distribution has to be raised in the divorce action or in a separate pleading before the judgment. This is not something to leave to the last week.
Our Experience with Burlington and Alamance County Divorce Cases
Our office is in Graham, a short drive from Burlington. We handle divorce, equitable distribution, and post-separation matters in Alamance County every week. The firm has served Alamance County for over 26 years. Ray Griffis previously served as an Assistant District Attorney in Durham County and as a Staff Attorney with Legal Aid of North Carolina before building a family law practice at the Suczynski firm in Chapel Hill.
Office hours are Monday – Friday, 8:30 a.m. – 5 p.m.. To learn more about our attorneys, visit our About Us page.
Practical Steps for Your Burlington Divorce Case
Practical steps in the first 30 days after you decide to file for divorce:
Confirm the exact date of separation, in writing if possible
Gather financial records: tax returns, bank statements, retirement accounts, deeds, titles
List marital debts by name and account number
Do not remove your spouse from health insurance or joint accounts without legal advice
Do not sell or transfer significant assets during the separation year
If children are involved, keep the parenting routine as stable as possible
Talk to a family law attorney about what claims need to be preserved
What not to do during a North Carolina divorce:
Do not resume marital relations without understanding the reconciliation rules
Do not date publicly during the separation year if adultery may be an issue in your case
Do not make large purchases, transfers, or gifts from marital accounts
Do not sign a separation agreement without a lawyer reviewing it first
Do not post about the divorce, your spouse, or your finances on social media
Common Myths About Burlington Divorce Cases
Common myths about Burlington divorce cases:
MYTH: North Carolina has no-fault divorce, so nothing about the marriage matters.
FACT: The one-year separation ground is fault-neutral, but conduct like adultery, financial waste, or abandonment can still affect alimony, property division, and custody.
MYTH: You can shorten the one-year separation by mutual agreement.
FACT: You cannot. The one-year requirement in § 50-6 applies regardless of what both spouses want.
MYTH: Everything gets split 50/50 in North Carolina.
FACT: North Carolina uses equitable distribution, not community property. Marital property is divided fairly, considering the factors in § 50-20. Fair is not always equal.
MYTH: A separation agreement is the same as a divorce.
FACT: A separation agreement is a private contract. It does not end the marriage. You still need to file for and be granted an absolute divorce under North Carolina law.
North Carolina Divorce Law at a Glance
Under N.C. Gen. Stat. § 50-6, North Carolina requires spouses to have lived separate and apart for one year before an absolute divorce can be granted, and at least one spouse must have resided in North Carolina for six months before filing.
Under N.C. Gen. Stat. § 50-20, marital property in North Carolina is divided by equitable distribution, considering the statutory factors that guide a fair, though not necessarily equal, division.
Under N.C. Gen. Stat. § 50-11, a claim for equitable distribution must generally be asserted before the judgment of absolute divorce is entered, or the right can be lost.
Frequently Asked Questions
About Burlington Divorce Cases
-
The filing fee is $225 statewide as of January 2025. Sheriff service adds about $30, and certified copies of the judgment run about a dollar per page. Uncontested cases with attorney assistance typically run $1,000 to $5,000 in total. Contested cases often run $15,000 to $30,000 or more.
-
One year and one day of continuous physical separation, with at least one spouse intending it to be permanent. The requirement is set out in N.C. Gen. Stat. § 50-6.
-
Yes. As of October 2025, all 100 North Carolina counties accept electronic filing through the NC eCourts File & Serve system. Self-represented filers can register at the state's e-filing portal, and the Guide & File tool assists with absolute divorce paperwork.
-
Isolated incidents do not automatically restart the one-year clock under § 50-6. However, a full reconciliation, meaning moving back in together with intent to save the marriage, does reset the clock entirely.
-
No. An absolute divorce under § 50-6 is a status case. A separation agreement is a separate contract that can address property, support, and custody, but it is not required for the divorce itself. However, if you have marital property to divide, that claim must be preserved before the divorce is granted.
-
Absolute divorce ends the marriage. Divorce from bed and board is a fault-based judicial separation that does not end the marriage but resolves certain claims. Most North Carolina divorces are absolute divorces under § 50-6.
Related Practice Areas and Service Areas
Related practice areas at Doby & Griffis Law:
Family Law in Alamance County: The full picture of our family law practice
Divorce: Our main divorce overview
Child Custody: Custody is often part of a divorce or follows one
Spousal Support: Post-separation support and alimony
Domestic Violence: Protective orders during separation or divorce
Child Custody in Burlington, NC: Our companion custody page for your city
Divorce service areas near Burlington:
Talk to a Burlington Divorce Lawyer
If you are a Burlington resident considering divorce or already going through one, call our office. We will tell you what is realistic. We will tell you what claims need to be preserved. We will tell you what your case is likely to cost and how long it is likely to take. Then you decide whether you want us involved.
Doby & Griffis Law 110 W. Elm Street, Graham, NC 27253 Phone: (336) 221-8900 Email: julian@dobygriffislaw.com Hours: Monday – Friday, 8:30 a.m. – 5 p.m.
Legal Disclaimer: This page provides general information about divorce law in North Carolina and Alamance County. It is not legal advice. Every case is different, and the result of any case depends on the unique facts and circumstances.
Reading this information does not create an attorney-client relationship between you and Doby & Griffis Law. For advice about your specific situation, contact a licensed North Carolina attorney.
Past results do not guarantee a similar outcome in any other case.