Jan82026
Family Law Q&A Series

If a law firm won’t take my case because of location, what should I look for when finding another divorce attorney? – North Carolina

Short Answer

In North Carolina, many divorce-related issues must be filed and handled in the county where at least one spouse resides, and local court practice can affect timing and outcomes. When a firm declines a case because it does not serve the county, the next attorney should be someone who regularly appears in that county’s District Court and can handle the full “bundle” of divorce issues (divorce, property division, and support) without missing key deadlines. The most important screening point is whether the attorney will protect any equitable distribution or support claims before an absolute divorce is entered.

Understanding the Problem

In North Carolina, can a divorce case be handled by an attorney who does not practice in the county where the spouses live, and what should be prioritized when choosing a different attorney after a firm declines the case for location reasons? The decision point is whether the attorney can file and manage the case in the correct county and guide the case through that county’s District Court process without losing important related claims that often travel with a divorce.

Apply the Law

North Carolina divorce cases are typically filed in the District Court Division, and venue (the proper county for filing) generally ties to where either spouse resides. For an absolute divorce based on one-year separation, North Carolina also requires that at least one spouse has lived in North Carolina for six months before filing. Just as important, North Carolina can permanently cut off certain financial claims if an absolute divorce judgment is entered before those claims are asserted.

Key Requirements

  • Correct county and court: The case should be filed in the proper county and handled in North Carolina District Court, where domestic cases are heard.
  • Eligibility to file for absolute divorce: For the common “one-year separation” divorce, the spouses must have lived separate and apart for one year, and at least one spouse must have lived in North Carolina for six months before filing.
  • Protect related claims before the divorce is final: If equitable distribution (property/debt division) is not asserted before the absolute divorce judgment, the right can be lost in many situations. Support claims also need careful timing and pleading strategy.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The spouses live in the same North Carolina county, and the firm declined only because it does not serve that county. Under North Carolina venue rules, a divorce is typically filed in the county where either spouse resides, so the next attorney should be someone who will file and appear in that county’s District Court. The attorney should also screen immediately for any property division or support issues and make sure any equitable distribution claim is asserted before an absolute divorce is entered, because North Carolina can treat that deadline as a permanent cutoff.

Process & Timing

  1. Who files: Either spouse. Where: The Clerk of Superior Court in the county where either spouse resides (the case is heard in District Court). What: A verified complaint for absolute divorce (and, if needed, claims for equitable distribution and/or alimony/support filed in the same action or a separate action). When: For a one-year separation divorce, filing generally occurs after the one-year separation period is complete, and after at least one spouse has met the six-month North Carolina residency requirement.
  2. Early case protection: A county-based attorney should identify whether equitable distribution, alimony, postseparation support, custody, or child support are in play and plead the necessary claims early enough to avoid waiver and to allow temporary orders if needed.
  3. Resolution: The absolute divorce can often be finalized on paperwork and a short hearing (depending on county practice), while property division and support issues may take longer and follow scheduling, discovery, and settlement steps.

Exceptions & Pitfalls

  • Filing “just the divorce” too soon: A common mistake is rushing to finalize an absolute divorce without first asserting equitable distribution (and, depending on the situation, support claims). In North Carolina, that can permanently change financial rights.
  • Assuming any North Carolina lawyer can handle any county the same way: Even when the statutes are statewide, counties can differ in calendaring, local rules, and how quickly hearings are set. A lawyer who regularly practices in the county can reduce avoidable delays and procedural missteps.
  • Confusion about separation requirements: For a one-year separation divorce, “separate and apart” generally means living in separate residences with the intent to remain separated. Living under the same roof usually does not meet that standard.

Conclusion

When a firm declines a divorce case because it does not serve the county, the next attorney should be someone who regularly files and appears in the District Court of the county where either spouse resides and who will protect all related claims before the divorce becomes final. In North Carolina, an absolute divorce based on one-year separation also requires six months of state residency by at least one spouse. The key next step is to file a verified divorce complaint in the proper county and assert any equitable distribution claim before the absolute divorce judgment is entered.

Talk to a Family Law Attorney

If a divorce case was declined because of county coverage, a quick second opinion can help confirm the correct filing county and protect any property-division or support claims before deadlines are missed. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.