Jan22026
Family Law Q&A Series

What information and documents should I gather before my first divorce consultation? – North Carolina

Short Answer

Before a first divorce consultation in North Carolina, gather basic family information, a clear timeline of the relationship and separation, and recent financial documents showing income, assets, debts, and monthly expenses. If children are involved, collect school, medical, and childcare details and a five-year address history for each child. Bringing organized documents helps a family law attorney quickly spot deadlines, identify what claims may exist (like custody, support, equitable distribution, or alimony), and plan what information still needs to be obtained through formal discovery.

Understanding the Problem

What information should a person in North Carolina gather before meeting with a family law attorney to discuss divorce and related issues such as child custody, child support, spousal support, and dividing property and debt? The key decision point is what to bring to the first meeting so the attorney can evaluate what claims may need to be filed in District Court, what facts matter most, and what information is missing. The goal is not to “prove” the case in the first meeting, but to provide enough reliable details to build a plan and avoid preventable delays.

Apply the Law

In North Carolina, divorce-related cases often involve more than the divorce judgment itself. A first consultation typically focuses on identifying which claims may be needed (divorce, custody, child support, alimony, and equitable distribution) and what evidence will be required to support those claims. Financial issues usually require a complete picture of property and debt, and custody cases require specific child-related information early in the case. Many missing items can be obtained later through formal discovery, but starting with a solid document set saves time and helps avoid overlooking assets or debts.

Key Requirements

  • Accurate timeline and status: Dates of marriage, separation, prior court cases, and any written agreements help determine what can be filed and what should be filed first.
  • Complete financial snapshot: Income proof, account statements, retirement information, real estate and vehicle details, and debt records help identify what may be marital, separate, or divisible and what still needs to be discovered.
  • Child-related information (if applicable): A child’s living history, current schedule, and any prior custody or protective-order cases affect how a custody case is started and managed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In a typical first consultation, the most useful materials are the ones that quickly establish (1) the timeline (marriage and separation), (2) the financial picture (income, assets, and debts), and (3) child-related details if custody or support may be involved. Because North Carolina cases often require full identification of property and debt, a document set that includes account statements, retirement summaries, and debt statements helps prevent important items from being missed. If custody is on the table, the child’s five-year address history and any prior custody or protective-order cases help the attorney plan compliant initial filings.

Process & Timing

  1. Who gathers: The spouse planning to consult counsel. Where: For filing, North Carolina District Court (typically through the Clerk of Superior Court’s office in the county where the case is filed). What: A folder (paper or digital) with the items listed below; if children are involved, a written five-year address history for each child and a list of any prior related cases. When: Bring the most recent documents available; for financial statements, the last 3–12 months is often a practical starting point, with older records added as needed.
  2. Next step: After the consultation, the attorney usually identifies missing items and a plan to obtain them, which may include requesting records, using releases, checking public records for real estate, or using formal discovery tools once a case is filed.
  3. Final step: With a complete snapshot, the attorney can advise what claims to file (and in what order), what temporary issues may need quick court attention, and what information should be organized for mediation or settlement discussions if the case moves that direction.

Exceptions & Pitfalls

  • Incomplete asset and debt lists: Many people do not know everything that exists because one spouse handled the finances. A first consultation goes better with a written inventory, even if some items are “unknown,” so the attorney can plan how to locate them (for example, through statements, credit reports, and later discovery).
  • Missing proof of income: Pay stubs alone may not show bonuses, commissions, self-employment income, or benefits. Bringing tax returns and year-end forms helps reduce guesswork.
  • Child-custody history gaps: Forgetting prior custody, domestic violence, or juvenile-related proceedings can create filing problems and credibility issues. Collect case names, counties, and approximate dates if known.
  • Disorganized records: A “document dump” slows down the consultation. Group documents by category (income, bank accounts, retirement, real estate, debts, children) and label the time period.
  • Privacy and safety concerns: If sharing addresses or locations could create a safety risk, raise that issue early so counsel can discuss options for handling sensitive identifying information in court filings.

Practical document checklist for the first meeting

  • Identity and basic family information: Marriage certificate (if available), full legal names, dates of birth, and current contact information for each spouse; names and dates of birth for children.
  • Timeline summary (one page is enough): Date of marriage, date of separation, prior separations/reconciliations, and major events that affect finances or parenting.
  • Existing court orders and agreements: Any separation agreement, property settlement, parenting agreement, consent order, domestic violence protective order, or prior custody/support orders (North Carolina or elsewhere).
  • Income documents (both spouses if available): Recent pay stubs, W-2s/1099s, last 2–3 years of tax returns, proof of benefits (health insurance cost, retirement contributions), and self-employment profit/loss information if applicable.
  • Banking and cash accounts: Statements for checking, savings, money market, and online payment accounts for recent months.
  • Retirement and investment accounts: Most recent statements for 401(k), 403(b), IRA, pension/defined benefit summaries, brokerage accounts, and stock plans.
  • Real estate: Deeds (if available), mortgage statements, home equity line statements, property tax information, and any recent appraisal/market analysis.
  • Vehicles and other titled property: Titles/registrations, loan statements, and approximate mileage/condition notes.
  • Debts: Credit card statements, student loan statements, personal loans, medical bills, and any judgment or collection notices.
  • Monthly budget and household expenses: Rent/mortgage, utilities, childcare, health insurance premiums, medical costs, and recurring subscriptions.
  • Business interests (if any): Entity name(s), ownership percentage, recent financial statements, and any documents showing distributions or retained earnings; note that additional records are often obtained later through formal requests.
  • Children (if applicable): School/daycare information, medical providers, activity schedules, childcare costs, and a written five-year address history for each child (addresses, dates, and who lived with the child).

Conclusion

For a first divorce consultation in North Carolina, the most helpful preparation is a clear timeline plus documents that show income, assets, debts, and monthly expenses, along with child-related history if custody or support may be involved. North Carolina custody filings often require sworn child-history information, including five-year addresses and related cases, so collecting that early can prevent delays. The next step is to organize recent statements and records into categories and bring them to the consultation so counsel can identify what claims to file and what information must still be obtained.

Talk to a Family Law Attorney

If a divorce is starting and the goal is to be prepared for the first consultation with the right financial and child-related information, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.