Raleigh · Wake County · Family Law
Trusted divorce law counsel for Wake County residents.
Tell us about your case and we’ll reach out promptly.
The Firm
If you’re facing divorce in Raleigh, NC, the family law attorneys at Batch, Poore & Williams are here to help. We represent clients throughout Wake County in every aspect of divorce, from the initial separation through final property division and custody arrangements.
Our office is centrally located on Centerview Drive, just minutes from the Wake County Justice Center. Our attorneys: J. Patrick Williams, Sydney J. Batch, and Shannon C. Poore bring more than 70 years of combined experience, and each handles your matter personally from start to finish.
When you work with our team, you’re not passed to a rotating associate or paralegal. You meet with an experienced attorney who knows North Carolina divorce law, understands Wake County court procedures, and commits to protecting your interests throughout the process.
Practice Areas
Our team-based approach means a partner, associate attorney, and paralegal are assigned to every case from day one, so nothing falls through the cracks.
Guidance through NC's one-year separation, contested and uncontested filings. Learn More
Best-interest advocacy in Wake County family court legal and physical custody. Learn More
Guideline-based calculations, modifications, and enforcement. Learn More
Fair division of homes, retirement, businesses, and complex marital assets. Learn More
Post-separation support and long-term alimony for paying or dependent spouses. Learn More
Protective orders and immediate safety planning for families at risk. Learn More
Court-certified mediators helping families resolve disputes outside the courtroom. Learn More
Stepparent, agency, and private adoptions handled with care from start to finish. Learn More
Practice Guide
From the one-year separation requirement through equitable distribution, custody, and final resolution, what to expect at every step.
North Carolina requires couples to live separate and apart for one full year before filing for absolute divorce, one of the longest waiting periods in the nation, established under NC General Statutes Chapter 50.
“Separated” has a specific legal meaning: you and your spouse must live in separate residences with at least one party intending the separation to be permanent. Sleeping in different rooms doesn’t qualify, and resuming marital relations can restart the clock.
A separation agreement isn’t legally required, but we strongly recommend one to establish clear terms for custody, support, and property use during the year. At least one spouse must have lived in NC for six months before filing.
The waiting period applies only to the absolute divorce itself. You can file claims for child custody, child support, spousal support, and equitable distribution before the year expires — and waiting too long to address property division can permanently cost you rights to marital assets.
The divorce process typically begins long before you file for absolute divorce. During your separation year, we work with you to resolve custody, determine support, and negotiate property division.
Uncontested divorces where parties agree on all issues can be finalized within six to eight weeks after the mandatory separation year ends and rarely require courtroom appearances.
Contested divorces involving disputed custody, complex property, or alimony take substantially longer. After filing and serving your spouse, the respondent has 30 days to answer. Discovery follows, with possible temporary hearings at the Wake County Justice Center to address immediate needs.
Wake County’s family law division handles a high volume of cases. Experienced local counsel who understands court procedures and maintains working relationships with opposing counsel often accelerates resolution. Many contested cases settle before trial once both parties understand the likely outcomes.
North Carolina follows equitable distribution; marital property is divided fairly based on statutory factors, not automatically split 50/50. Courts consider income, earning capacity, contributions to the marriage (including homemaking), and future financial needs.
Property is first classified as marital or separate. Marital property includes anything acquired during the marriage, regardless of whose name is on the title. Separate property owned before marriage or received as an inheritance or gift typically remains with the original owner.
Wake County’s professional community presents unique challenges. Many Research Triangle Park employees receive stock options, RSUs, deferred compensation, and bonuses. When these are earned or vested, that determines whether they’re marital. Patrick Williams’s computer engineering and finance background helps him analyze complex compensation packages.
Property claims must be filed before your divorce is finalized or you lose the right to pursue them forever. Courts also divide marital debt based on who benefited and each party’s ability to pay.
Custody decisions focus entirely on the child’s best interests, not on assumptions about gender or which parent filed first. Wake County courts evaluate each parent’s historical involvement, stability of proposed arrangements, and the quality of the parent-child relationship.
Custody has two components: legal custody (decision-making for education, healthcare, religion) and physical custody (where the child lives). Joint legal custody is common; physical schedules vary from week-on/week-off to primary custody with regular visitation.
Both Sydney Batch and Patrick Williams are certified Parent Coordinators, qualified to help high-conflict parents implement custody orders without repeated court filings. Sydney Batch and Shannon Poore are Board Certified Child Welfare Law Specialists, holding fewer than 100 attorneys in NC.
Child support follows NC’s statutory guidelines based on both parents’ incomes, the number of children, and the custody schedule. The guidelines account for health insurance, work-related childcare, and extraordinary expenses.
North Carolina recognizes two forms of spousal support: post-separation support (PSS), which provides temporary assistance during separation and while the divorce is pending, and alimony, which is longer-term support awarded after considering statutory factors.
Courts don’t award alimony automatically; you must request it and prove entitlement. Judges consider length of marriage, income and earning capacity, marital standard of living, age and health, and contributions including homemaking or supporting a spouse’s career.
Marital fault matters: a dependent spouse who committed adultery is barred from receiving alimony. If the supporting spouse committed adultery, the court must award alimony to a dependent spouse. When both committed misconduct, the court has discretion.
Alimony terminates if the receiving spouse remarries or cohabitates with a romantic partner. Either party can request modification for substantial changes, such as job loss, illness, or retirement, unless the parties agreed to non-modifiable alimony.
Separation agreements let you and your spouse control the outcome rather than leaving decisions to a judge. These written contracts address custody, child support, spousal support, property division, and debt allocation and are enforceable unless fraud or duress is proven.
Negotiated agreements keep your financial details and family circumstances private rather than public court records. Resolution happens on your timeline, attorney fees stay lower, and agreements you craft together tend to work better in practice.
Court litigation becomes necessary when spouses cannot agree or when one party refuses to negotiate in good faith. Contested cases proceed through discovery, possible temporary hearings, and ultimately trial, where a Wake County judge makes binding decisions.
Our approach prioritizes settlement when possible, while thoroughly preparing for trial when necessary. We enter every case ready to advocate effectively in court while actively pursuing resolutions that protect your interests and minimize disruption to your family.
Costs vary dramatically based on whether your case is contested, the complexity of property division, whether custody is disputed, and how cooperatively your spouse approaches the process. Uncontested divorces cost substantially less than contested litigation requiring discovery and trial.
Several factors drive fees higher: custody disputes requiring expert witnesses or evaluations, complex property involving business valuations or QDROs, and high-conflict cases with repeated motions and hearings.
Wake County charges court filing fees separate from attorney fees. Additional costs may include process server fees, expert witnesses, and mediation fees. We offer both traditional full representation and unbundled legal services, from 30-minute video consultations to drafting specific pleadings while you handle other aspects.
Early legal consultation often reduces overall divorce costs. Mistakes during separation, moving out without addressing property rights, making informal custody arrangements, or dissipating assets, create problems that cost more to fix later.
Why Batch, Poore & Williams
70+ years of combined experience across divorce, custody, equitable distribution, and complex Research Triangle estates.
Sydney Batch and Shannon Poore are both Board Certified Child Welfare Law Specialists. Tatjana is a Board Certified Family Law specialist. Credentials held by relatively few attorneys in NC.
An MSW from UNC, a computer engineering background, and a state senator's view of how NC family statutes are written and applied.
Centrally located on Centerview Drive, minutes from the Wake County Justice Center and Courthouse, with deep familiarity with local judges.
Every case is supported by a dedicated legal team working together from day one to keep communication clear, deadlines on track, and your matter moving forward efficiently.
Our Attorneys
Four partners with deep credentials across divorce, equitable distribution, custody, and child welfare law handle Wake County family matters personally from start to finish.
Partner · Divorce & Equitable Distribution Lead
Partner · Custody Specialist
Founding Partner
Founding Partner
How We Work
We review your situation, answer questions about NC divorce law, and provide an honest assessment of your legal options and likely timeline.
We help you gather financial records, deeds, retirement statements, and existing agreements to build a clear picture of your marital estate.
We prepare and file all pleadings with Wake County, then pursue settlement through direct negotiation, four-way conferences, or mediation.
Whether your case settles or proceeds to trial before a Wake County judge, we advocate personally for you from consultation through final order.
Common Questions
Bring any existing separation agreements, custody arrangements, or court documents. Also bring a summary of your marital assets (homes, retirement accounts, bank accounts, vehicles), debts, and income information for both spouses. If you have children, bring their birthdates and current custody schedule. This information helps your attorney understand your situation quickly and provide specific guidance during your initial meeting.
Your spouse’s signature isn’t required to get divorced in North Carolina. After you file the divorce complaint and serve your spouse, they have 30 days to respond. If they don’t respond or contest, you can proceed with an uncontested divorce and the court will grant the divorce without their participation. Their refusal to cooperate may delay resolution of custody or property issues, but it cannot prevent the divorce itself after the one-year separation period.
Yes, you can keep your married name after divorce ; nothing requires you to change it. If you want to return to your maiden name or a previous name, you must request the name change in your divorce complaint before the final decree is issued. The judge will include the name restoration in the divorce order. Changing your name later through a separate legal process is more complicated and expensive than including it in the divorce.
Your spouse’s move doesn’t prevent you from divorcing in Wake County as long as you have lived in North Carolina for at least six months before filing. The Wake County courts retain jurisdiction over your divorce, and your spouse can be served with papers in their new state. However, their relocation may complicate custody disputes and property division, especially if they’ve taken children or marital assets with them.
North Carolina allows grandparents to seek custody or visitation under specific circumstances, typically when parents are unfit or when the grandparent has had a substantial relationship with the child and denial of visitation would harm the child’s welfare. During divorce proceedings, grandparents don’t automatically gain custody rights, but they can intervene in pending custody cases or file separate actions if the situation warrants court involvement.
During separation, one spouse typically stays in the marital home while the other moves out, though this isn’t legally required. Who remains in the home doesn’t determine ownership, which is decided through equitable distribution. Both spouses are usually responsible for the mortgage during separation, unless a separation agreement specifies otherwise. Decisions about the home made during separation can affect property division later, so consult an attorney before moving out or making mortgage decisions.
Retirement accounts accumulated during the marriage constitute marital property subject to equitable distribution, even if held in only one spouse’s name. Division typically requires a Qualified Domestic Relations Order (QDRO) for 401(k)s and similar employer-sponsored plans, allowing tax-free transfer to the non-employee spouse. IRAs require different procedures. The portion earned before marriage or after separation remains separate property. Research Triangle professionals often have complex retirement benefits including stock options and deferred compensation that require specialized valuation.
Get Started
Whether you need professional negotiation or courtroom advocacy, the family law attorneys at Batch, Poore & Williams bring board-certified expertise and decades of Wake County custody experience to your case.
You must be logged in to post a comment.