Common Mistakes to Avoid During a Divorce in North Carolina

Divorce is never easy—but the legal process doesn’t have to be harder than it needs to be. At King & Rowe, we’ve seen how avoidable missteps can lead to costly delays, unfavorable settlements, and unnecessary emotional stress.

Whether you're just starting the process or are already in the middle of a contested divorce, here's a guide to the most common divorce mistakes in North Carolina—and how to avoid them.

1. Filing Before You’ve Been Separated for One Year

North Carolina requires spouses to be separated for at least one full year before filing for an absolute divorce. That means living in separate residences—not just different rooms.

🚫 Mistake: Filing too early or assuming informal separation qualifies

✅ Tip: Mark your date of separation clearly and maintain proof (e.g., lease agreements, utility bills)

2. Failing to File for Equitable Distribution or Alimony Before the Divorce is Final

Once a divorce is granted in North Carolina, your right to request equitable distribution of marital property or alimonyis gone—forever. These claims must be filed before the divorce judgment is entered.

🚫 Mistake: Waiting too long and losing legal rights to assets or support

✅ Tip: File claims for ED or alimony alongside or before your divorce complaint

3. Hiding Assets or Income

Trying to conceal income, bank accounts, or valuable property almost always backfires. North Carolina courts can penalize a spouse who engages in deception by awarding a greater share to the honest party.

🚫 Mistake: Transferring money to family, underreporting income, or “forgetting” assets

✅ Tip: Be transparent—your attorney can help protect you while staying honest

4. Letting Emotions Drive Legal Decisions

It’s understandable to feel angry or hurt during divorce. But letting those emotions lead to hostile communication or refusal to compromise can prolong the process and hurt your outcome—especially in custody cases.

🚫 Mistake: Refusing mediation, fighting over small items, or badmouthing your spouse to the kids

✅ Tip: Stay focused on long-term goals and rely on your legal team to handle disputes

5. Not Understanding the Difference Between Separate and Marital Property

In North Carolina, only marital property is subject to division. Separate property (like inheritances or assets owned before marriage) usually stays with its original owner—unless it’s commingled.

🚫 Mistake: Assuming everything gets split 50/50 automatically

✅ Tip: Work with your attorney to trace assets and correctly classify them

6. Posting About the Divorce on Social Media

What you post online can be used against you in court, especially in child custody and alimony disputes. Photos, comments, and even “likes” may be scrutinized.

🚫 Mistake: Posting photos of new purchases, vacations, or negative rants about your ex

✅ Tip: Pause or heavily limit social media use until your case is resolved

7. Not Hiring a Family Law Attorney Early Enough

Divorce law in North Carolina is complex. Going it alone or waiting to hire a divorce lawyer until things get messy can result in lost rights, missed deadlines, or unfavorable court orders.

🚫 Mistake: Signing documents you don’t fully understand

✅ Tip: Consult an attorney at the start—even if your divorce seems “uncontested”

Local Experience Matters

At King & Rowe, Attorneys at Law, we guide clients through divorce with strategic counsel, attention to detail, and deep local knowledge of court procedures in Hickory and surrounding counties.

Whether you're concerned about child custody, property division, or support, we’ll help you avoid mistakes that could impact your future.

📞 Contact us today (828-466-3858) to schedule a consultation. Your next chapter starts with the right legal team.