Divorce is never an easy decision. It affects not only your emotional well-being but also your finances, your home, and—if children are involved—your family’s future. In North Carolina, the divorce process comes with specific legal requirements and important steps that can feel overwhelming without the right guidance. Knowing what to expect can help you prepare for the journey ahead and avoid costly mistakes.

At The Khan Law Offices, we understand the challenges clients face during divorce. With more than 50 years of combined experience, our team helps individuals in Monroe and across Union County navigate every stage of the process with clarity and confidence. If you are considering divorce, or if you’ve already begun the separation process, now is the time to take control of your future with skilled legal representation by your side. Contact The Khan Law Offices today to schedule a consultation and protect your rights from the very start.

Understanding Divorce in North Carolina

Before beginning the divorce process in North Carolina, it’s important to understand the legal framework that governs how and when a divorce can be granted. Unlike some states, North Carolina requires spouses to live separately and apart for at least one full year before filing for an absolute divorce. This separation must be continuous and with the intent to permanently end the marriage. At least one spouse must also have lived in the state for six months prior to filing to meet the residency requirement.

North Carolina recognizes two primary types of divorce: absolute divorce and divorce from bed and board. An absolute divorce is the final termination of a marriage and is the most common route. Divorce from bed and board, on the other hand, is a form of legal separation granted in limited circumstances, often when one spouse has engaged in serious misconduct such as abandonment, abuse, or excessive substance use. While it does not end the marriage, it can establish important legal rights such as spousal support or exclusive possession of the marital home.

Understanding these requirements is critical because even a small mistake—such as miscalculating the separation period or failing to meet filing standards—can delay your case and complicate your ability to move forward. Working with an experienced divorce attorney ensures your case is filed correctly and your rights are protected from the very beginning. If you are considering divorce in Union County or anywhere in Southern North Carolina, contact The Khan Law Offices today. Our team can guide you through the process with the clarity and confidence you need to make informed decisions.

Division of Property and Assets

One of the most significant aspects of divorce in North Carolina is the division of property and assets. Under N.C. Gen. Stat. § 50-20, North Carolina follows the principle of equitable distribution, meaning marital property is divided in a manner the court deems fair—not necessarily equal. While many people assume assets are always split 50/50, the law gives judges the discretion to weigh multiple factors in determining what is “equitable.”

Marital property generally includes assets and debts acquired by either spouse during the marriage, such as the marital home, vehicles, retirement accounts, and joint bank accounts. Separate property, on the other hand, includes assets acquired before marriage or received individually through inheritance or gift, which typically remain with the original owner. However, the line can blur if separate property is commingled with marital assets—for example, if inherited funds are deposited into a joint account.

Courts consider several factors under § 50-20(c) when deciding how to distribute property, including the income and earning potential of each spouse, the duration of the marriage, direct or indirect contributions made by one spouse to the other’s education or career, and the need of a custodial parent to maintain the marital residence for the benefit of children. These considerations highlight why property division is rarely straightforward and why professional legal guidance is crucial.

At The Khan Law Offices, we help clients identify, value, and protect their rightful share of marital assets. Our team ensures that your financial interests are safeguarded throughout the divorce process, whether through negotiation or courtroom representation. Protect your financial future by consulting The Khan Law Offices today. Call now to schedule a consultation and let us help you pursue a fair resolution.

Child Custody and Support

When children are involved, custody and support issues often become the most emotionally charged aspects of a divorce. In North Carolina, custody decisions are guided by the “best interests of the child” standard under N.C. Gen. Stat. § 50-13.2(a). This statute requires courts to prioritize the safety, welfare, and overall well-being of the child above all else. Judges may consider factors such as each parent’s living situation, stability, work schedules, history of caregiving, and any evidence of abuse or neglect.

Custody in North Carolina can take two forms: legal custody (the right to make major decisions about the child’s upbringing, such as education and healthcare) and physical custody (where the child primarily resides). Courts may grant joint custody, sole custody, or a combination arrangement depending on what best serves the child’s needs.

Child support, meanwhile, is governed by N.C. Gen. Stat. § 50-13.4 and calculated according to the North Carolina Child Support Guidelines. These guidelines take into account each parent’s gross income, the number of overnights the child spends with each parent, work-related childcare costs, and health insurance expenses. While the formula provides a baseline, judges retain discretion to deviate from the guidelines if applying them strictly would be unjust or inappropriate.

Navigating custody and support matters without legal representation can put both your rights and your child’s well-being at risk. The decisions made during this stage of divorce will impact your family for years to come.

At The Khan Law Offices, we fight to ensure parents maintain meaningful relationships with their children while securing fair and sustainable support arrangements. Whether through negotiation or litigation, we are committed to protecting both your parental rights and your child’s future. If custody or support is a concern in your divorce, don’t wait — contact The Khan Law Offices today for the skilled advocacy you and your children deserve.

Alimony and Spousal Support

Financial stability is often a central concern in divorce, especially when one spouse has been financially dependent on the other during the marriage. In North Carolina, alimony is governed by N.C. Gen. Stat. § 50-16.3A, which allows courts to award support when one spouse is determined to be a dependent spouse and the other a supporting spouse. A dependent spouse is one who is substantially reliant on the other for maintenance and support.

When deciding whether to award alimony and in what amount, the court weighs multiple factors listed under § 50-16.3A(b). These include:

• The duration of the marriage.
• The earning capacities and financial resources of each party.
• The standard of living established during the marriage.
• Contributions by one spouse to the other’s education, career, or business.
• Marital misconduct, which can directly affect an award of alimony under § 50-16.3A(a).

Alimony may be ordered as periodic payments or a lump sum, and its duration depends on the circumstances of the marriage. For example, a long-term marriage may justify extended support, while shorter marriages may result in limited awards. Importantly, either spouse can request alimony, regardless of gender.

Because alimony is not determined by a simple formula, the outcome can vary greatly depending on the arguments presented to the court. For this reason, skilled legal representation is critical — both for dependent spouses seeking fair support and for supporting spouses aiming to avoid excessive or unjust obligations.

At The Khan Law Offices, we advocate fiercely to ensure our clients’ financial interests are protected. Whether negotiating a fair settlement or litigating in court, our team brings decades of experience to every case. If alimony is likely to play a role in your divorce, contact The Khan Law Offices today. Let us help you build a strategy that protects your financial future.

Protecting Your Interests During Divorce

Divorce is not just a legal process — it’s a turning point that affects your financial future, your relationship with your children, and your overall stability. While some people attempt to handle their divorce alone, even minor mistakes can create lasting consequences. Missteps in filing, property division, custody arrangements, or spousal support can be difficult, if not impossible, to undo.

Working with an experienced divorce attorney is the most effective way to protect your interests from the very beginning. At The Khan Law Offices, we ensure that every aspect of your case is handled with care and precision. Our attorneys help you:

• File and manage paperwork correctly to avoid delays.
• Identify and value marital property to secure a fair distribution.
• Negotiate or litigate custody and support arrangements that prioritize your children’s well-being.
• Build strong arguments for or against alimony depending on your circumstances.

Every decision made during divorce can shape your life for years to come. By having a skilled advocate on your side, you can approach this process with clarity and confidence, knowing your rights are protected.

Don’t leave your future to chance — contact The Khan Law Offices today to schedule a consultation. Our team is here to guide you through every step of the divorce process and fight for the outcome you deserve.

Trusted Divorce Attorneys in Monroe and Union County, NC

Divorce in North Carolina is a complex process that touches every part of your life — from your finances to your family relationships. Understanding the laws around property division, custody, child support, and alimony is the first step, but protecting your rights and interests requires more than just information. It requires skilled legal guidance and a strategy tailored to your unique circumstances.

At The Khan Law Offices, our attorneys bring more than 50 years of combined experience to every case. We work closely with clients in Monroe, Union County, and across North Carolina to provide clear direction, strong advocacy, and compassionate support during one of life’s most challenging transitions.

If you are considering divorce or have already begun the process, don’t go through it alone. Contact The Khan Law Offices today to schedule a consultation and take the first step toward securing your future.