Your Fayetteville, NC Divorce Attorney: Compassionate Legal Support at Simmons and Hill Legal Group
When you’re facing a divorce or family separation, one of the most important decisions you’ll make is choosing the right attorney. At Simmons and Hill Legal Group, we’re proud to offer professional, compassionate, and results-focused divorce representation to individuals and families in Fayetteville, North Carolina and surrounding communities.
Whether you’re dealing with property division, child custody, or spousal support, you deserve clear legal advice from a team who listens, understands, and acts in your best interest. Our law firm is conveniently located in Fayetteville — close to major highways and easily accessible from Hope Mills, Spring Lake, Eastover, Raeford, and Fort Liberty — and we also serve clients throughout Cumberland County and beyond.
Why Choose a Fayetteville Divorce Attorney?
Choosing a local divorce attorney ensures that you’re working with someone who knows the local court systems, understands regional case trends, and is familiar with North Carolina’s family laws. At Simmons and Hill Legal Group, we provide legal representation grounded in experience, strategy, and empathy.
We support clients through all aspects of separation and divorce, including:
- Equitable distribution of property and assets
- Spousal support (alimony)
- Child custody and visitation
- Child support
- Modifications to existing court orders
- Enforcement of divorce judgments
We believe that the divorce process isn’t just about legal paperwork — it’s about helping individuals find peace and stability as they move into a new phase of life.
Our Office Location and Service Area
Our office is centrally located in Fayetteville, North Carolina, just minutes from popular destinations like Skibo Road, Cross Creek Mall, and Cape Fear Valley Medical Center.
We Proudly Serve Clients In:
Hope Mills, North Carolina
Located just south of Fayetteville, Hope Mills is a growing suburb known for its family-friendly neighborhoods and community spirit. Many of our clients from Hope Mills are military families, dual-income households, or stay-at-home parents seeking stability through divorce. Whether you’re dividing assets or crafting a child custody plan, we understand the unique needs of Hope Mills families and are here to guide you.
Nearby relaxation spot: Hope Mills Lake Park is a peaceful place to clear your head or take a walk while we handle filings or case prep.
Spring Lake, North Carolina
Bordering Fort Liberty, Spring Lake is a community with deep military ties and a diverse population. Many of our clients here are dealing with deployments, relocation, or parenting challenges related to military life. Simmons and Hill is experienced in working around military schedules, custody logistics, and jurisdictional concerns that may affect divorce proceedings for service members and their families.
Local escape: The scenic trails of Carvers Creek State Park offer a quiet place to think or reset between appointments.
Eastover, North Carolina
A peaceful town northeast of Fayetteville, Eastover is home to many rural families and professionals seeking a quieter lifestyle. Clients from Eastover often appreciate our discreet, respectful approach — especially when dealing with high-conflict divorce or property issues involving farms, inherited land, or family businesses.
If you live in Eastover and want to avoid a long day in the city, we’re happy to conduct virtual consultations and keep in touch through secure digital portals..
Even if you’re not located directly in Fayetteville, we’re happy to accommodate your legal needs through virtual consultations or phone-based strategy sessions.
Want to Avoid Office Visits? Explore Fayetteville While We Work for You
We understand that not everyone wants to meet at a law office — and that’s okay. If you’d rather enjoy some time outdoors, reflect in a quiet space, or simply explore the area while we work on your case, Fayetteville offers some wonderful local attractions.
Here are a few peaceful, inspiring places our clients enjoy nearby:
Cape Fear Botanical Garden
Just minutes from downtown, this 80-acre oasis is perfect for clearing your mind. Walk through themed gardens, scenic trails, or bring a journal to process the moment quietly.
Lake Rim Park
If you’re visiting from Hope Mills or Raeford, Lake Rim Park is a great place to enjoy walking trails, picnic tables, and the peaceful rhythm of the lake.
Airborne & Special Operations Museum
For those looking to learn or reflect, this national landmark provides insight into local military history and is a great way to spend time constructively while waiting on legal meetings or filings.
Cross Creek Mall or Downtown Fayetteville
Take a break with some retail therapy, coffee shops, or local eateries. Downtown Fayetteville also offers bookshops, art galleries, and cafes for a more laid-back experience.
What You Can Expect from Simmons and Hill Legal Group
We know that every client walks in with unique needs. That’s why our services are not just comprehensive — they’re customized. Our legal team provides personalized support for:
Equitable Distribution
Dividing marital assets like homes, vehicles, retirement accounts, and debts is rarely simple. We help you uncover all shared property, analyze your financial picture, and secure a division that supports your financial future.
Alimony and Spousal Support
Whether you’re seeking support or being asked to provide it, we assess your specific situation to ensure any spousal support agreements are fair and sustainable — for the short and long term.
Child Custody and Visitation
Your children’s well-being is always our top priority. We help develop parenting plans that work for both parties, always keeping the child’s emotional and physical safety at the center of every decision.
Modifications and Enforcement
Life changes. When your custody, support, or visitation arrangements need to change with it, we help you petition the courts to reflect your new reality — or enforce current agreements if one party isn’t complying.
Resources for Clients Preparing for Divorce
We’ve also created helpful resources to guide you through the process — before, during, and after your case.
Divorce Preparation Checklist
Be ready with important documentation like:
- Income statements and tax returns
- Loan and debt balances
- Property deeds and vehicle titles
- Household budgets and expenses
- Parenting schedules and school records
We walk you through each step so you can approach your divorce with confidence and clarity.
Understanding North Carolina Custody Law
We help you understand the difference between legal and physical custody, how visitation is determined, and what factors courts use to decide what’s in the “best interest of the child.”
Red Flags in Financial Abuse
If your partner controls or hides money, restricts your ability to work, or manipulates you financially — we’ll help you spot the signs and protect yourself.
How to Modify Court Orders
Circumstances change. We provide a step-by-step guide on how to legally modify your divorce judgment, custody arrangement, or support order — without confusion or delay.
Virtual Divorce Attorney Services in Fayetteville, North Carolina
We’re committed to making legal help accessible. If visiting the office doesn’t work for you, we offer virtual consultations via Zoom or phone. You’ll receive the same level of care, communication, and confidentiality — from the comfort of your home.
This is especially convenient for:
- Military families stationed at Fort Liberty
- Clients with mobility or transportation concerns
- Parents with tight schedules
- Clients living outside Cumberland County
No matter where you are in North Carolina, we’re here to help you move forward.
Schedule a Consultation Today
Whether you’re just beginning to consider divorce or already facing complex legal questions, Simmons and Hill Legal Group is here for you. We are proud to serve as trusted divorce attorneys in Fayetteville, North Carolina and beyond — offering strength, strategy, and compassion when it matters most.
Frequently Asked questions
What is the process to obtain a divorce in NC?
To obtain a divorce in North Carolina, the process involves several key steps, reflecting the state’s legal requirements:
1. Residency Requirement: At least one spouse must have been a resident of North Carolina for at least six months prior to filing for divorce.
2. Separation Requirement: The couple must have lived separate and apart for at least one year. This separation must involve living in different residences, with at least one spouse intending the separation to be permanent.
3. Filing a Divorce Complaint: The spouse seeking the divorce (plaintiff) files a divorce complaint in the county where either spouse lives. The complaint must state the grounds for divorce, which in the case of an absolute divorce is typically the one-year separation.
4. Service of Process: The divorce complaint and summons must be served on the other spouse (defendant), either personally, by sheriff, or by certified mail, ensuring they are informed of the divorce proceedings.
5. Waiting Period: After serving the divorce complaint, there may be a waiting period before the court proceeds with the divorce case. This period can vary depending on the county and the specific circumstances of the case.
6. Hearing and Finalization: If the divorce is uncontested (spouses agree on all matters), it may be possible for the court to declare the divorce based on an affidavit, verified motion, or other verified pleading without a courtroom hearing.
In cases where a spouse doesn’t answer the divorce complaint, admit the allegations, or waive the right to answer, the clerk of the superior court may enter judgment.
For many divorces, spouses do not agree on all matters, including alimony, child support, child custody, etc. These are called contested divorces, and a hearing before a judge may be necessary.
The process for obtaining a divorce in North Carolina emphasizes the need for a one-year separation period before filing and requires that at least one spouse has been a resident of the state for six months prior to filing.
It is important for individuals considering divorce to consult with a legal professional to understand the specifics of their situation and ensure all legal requirements are met.
How is property divided in NC divorces?
In North Carolina, property is divided in divorces according to the principle of equitable distribution. The process involves several key steps:
1. Identification of Property: The first step involves identifying all property owned by both spouses. This includes both marital property, acquired by either spouse or both spouses during the course of the marriage and before the date of separation, and separate property, which is acquired before the marriage or by gift, bequest, devise, or descent during the marriage. Marital property includes assets like real estate, vehicles, furniture, investments, and retirement accounts.
2. Classification of Property: Once identified, property must be classified as marital, separate, or divisible property. Marital property is subject to division, while separate property remains with the spouse who owns it. The divisible property includes changes in the value of the marital property and certain debts incurred between separation and divorce.
3. Valuation: The marital and divisible property is then valued, usually as of the date of separation for marital property and as of the date of distribution for divisible property.
4. Distribution: Finally, the court distributes the marital and divisible property equitably between the spouses. Although “equitable” often means equal, the court will consider various factors to determine what is fair.
These factors include each party’s income, property, and liabilities; the duration of the marriage; any obligation for support arising out of a prior marriage; the need of a parent with custody of children to occupy the marital residence; contributions one spouse made to the education or earning power of the other; and any direct contributions to an increase in the value of the separate property, among others.
The court’s goal in equitable distribution is to arrive at a fair division of property that considers the contributions and needs of both spouses.
This can result in a variety of distribution arrangements, depending on the specifics of each case, including the possibility of one spouse being ordered to make a distributive award to the other to balance out the division of assets.
What are the legal requirements for separation in NC?
In North Carolina, the legal requirement for separation before filing for divorce is that spouses live separately and apart for at least one year. This separation involves living in different residences, and at least one spouse must intends the separation to be permanent.
Following this period of separation, either party can apply for a divorce if they have lived separate and apart for one year and if one of the parties has resided in the state for a period of six months.
This waiting requirement is intended to allow couples time to ensure that they wish to proceed with a divorce and to make any necessary arrangements regarding their assets, children, and future living situations before legally ending the marriage .
How are child custody and support determined in NC?
In North Carolina, child custody and support are determined based on what is in the best interest of the child, with considerations for the safety and welfare of the child and any history of domestic violence among the parents.
Child Custody
When deciding custody, the court considers several factors to determine what arrangement will best promote the interest and welfare of the child. These factors include but are not limited to:
- Acts of domestic violence between the parties
- Safety of the child
- Safety of either parent from domestic violence by the other party
The custody order must reflect these considerations, supporting the determination of what is in the child’s best interest. Physical and legal custody can be awarded to one parent (sole custody) or both parents (joint custody), depending on what arrangement is deemed best for the child.
Child Support
The amount of child support is determined by applying the guidelines established by the state. The court considers the child’s reasonable needs for health, education, and maintenance, as well as each parent’s relative ability to provide support.
These needs are weighed against the estates, earnings, conditions, and accustomed standard of living of the child and the parents.
The guidelines can be adjusted if evidence shows that applying them would not meet or would exceed the reasonable needs of the child, considering the relative ability of each parent to provide support, or if following the guidelines would be otherwise unjust or inappropriate. In such cases, the court will make specific findings to justify varying from the guidelines.
These processes aim to ensure that child support and custody arrangements reflect the financial capabilities of the parents while prioritizing the needs and best interests of the child.
Is post-separation support or alimony awarded in NC divorces? How is they determined?
Both post-separation support and alimony can be awarded in North Carolina divorces. The determination and awarding of these supports are based on various factors, including the financial needs of the parties, their standard of living, incomes, earning capacities, and the duration of the marriage. Here’s how each is determined:
Post-separation Support
Post-separation support is intended to provide for the dependent spouse’s needs from separation until the final alimony order is made. The court bases its award on the financial needs of the parties, considering their accustomed standard of living, present incomes, earning abilities, debts, and other necessary expenses.
To receive post-separation support, the court must find that you don’t have adequate resources to meet your reasonable needs and that the supporting spouse has the ability to pay.
Marital misconduct may be considered when determining the amount of post-separation support.
Alimony
Alimony is awarded following a determination that one spouse is a dependent spouse, the other is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors.
Factors considered in determining alimony include:
- Marital misconduct
- Earnings and earning capacities of the spouses
- Physical, mental, and emotional conditions
- Duration of the marriage
- Contributions one spouse made to the education or career of the other
The court has discretion in determining the amount, duration, and manner of payment of alimony.
Alimony can be denied if the court finds that the dependent spouse engaged in an act of illicit sexual behavior before or on the date of separation. Conversely, if the supporting spouse engaged in such behavior, the court is likely to award alimony to the dependent spouse.
In both cases, the specific circumstances of each case are critically evaluated to ensure that the support provided is fair and meets the needs of the dependent spouse while considering the ability of the supporting spouse to pay.