Family Law Cases We Handle
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What to Expect When Filing for Divorce in North Carolina
- Filing the Divorce Complaint: Initiating the legal process by submitting the necessary paperwork.
- Serving the Other Party: Ensuring your spouse is properly notified about the divorce proceedings.
- Negotiation & Mediation: Attempting to resolve disputes amicably to avoid lengthy litigation.
- Court Proceedings: Representing you in court if a resolution cannot be reached through negotiation or mediation.
- Final Decree: Securing a fair and legally binding divorce decree.
Types of Divorce Services We Offer
Contested & Uncontested Divorce
High-Asset Divorce
Property Division
Alimony/Spousal Support
Child Custody & Visitation
Child Support
Mediation Services
How Much Does It Cost to Get a Divorce in Charlotte, NC?
The cost for a divorce in Charlotte depends on the type of case and its complexity. Usually, the expense ranges from $1,000 to $10,000.
Many factors affect costs, such as whether the divorce is amicable or includes disagreements about assets, support, or custody. Mecklenburg County courts may require additional filing fees, and sometimes couples need to participate in local Divorce Mediation before settling a dispute, which may influence the overall expense. Consulting with divorce attorneys who know the Charlotte legal landscape helps you better estimate costs and plan for required steps.
Uncontested Divorce in NC
In North Carolina, an uncontested divorce is an absolute divorce. Usually, a spouse files after a period of physical separation. In uncontested divorces, the couple agrees on all terms before the marriage ends.
Choosing an uncontested divorce can help you avoid lengthy hearings in Mecklenburg County. Many couples who reach agreement early see savings on legal fees and faster court dates. Each case is different, though, so working with an attorney familiar with Charlotte courts can help you move forward efficiently.
You can file on no-fault grounds, which means neither spouse must prove anyone was to blame for ending the marriage.
How Much Does an Uncontested Divorce Cost in NC?
Filing for an uncontested divorce in North Carolina costs $225, plus $30 to serve papers and $10 to restore a former name. If you use an attorney, attorney’s fees are additional.
Other costs may arise from drawing up settlement agreements or parenting plans. Mecklenburg County sometimes offers expedited procedures for uncontested cases, which may help families move through the process faster, but court schedules can still vary.
Although this process is more straightforward, you still must complete steps with the court. For example, if you pursue spousal support or property division, you need a settlement agreement.
If both spouses agree the marriage has ended and want a simple, swift solution, this option might be a good fit.
What Does Absolute Divorce Mean in NC?
In North Carolina, a couple must have lived separately for at least a year and a day to qualify for an absolute divorce.
Charlotte residents should ensure both spouses lived at separate addresses for the full period. Mecklenburg County courts expect clear proof or signed statements showing both parties intended for the separation to be permanent. If you miss these requirements, the court may delay or deny your divorce petition.
A couple must live in different homes, with at least one person intending the separation to be permanent, for the required time period.
Contested Divorces in Charlotte, North Carolina
In a contested divorce, both spouses must submit a financial affidavit that details all assets and property. When one spouse is at fault, that can influence decisions about topics such as child custody.
Contested divorces in Mecklenburg County often involve court hearings and sometimes divorce mediation, along with regular legal proceedings. As the process unfolds, the court may set deadlines for paperwork exchanges or evaluations and require steps specific to Charlotte. Staying aware of these local practices can help you prepare and reduce stress as your case moves forward.
Some examples of "at-fault" include:
- They committed adultery.
- Your spouse abandoned you.
- They are currently incarcerated.
- You’re a victim of domestic abuse.
Most contested cases take a year or more to resolve, on top of the one-year separation requirement before you can file or complete the process.
Get Started with a Skilled and Compassionate Charlotte Divorce Lawyer Today
Because family law issues can impact your life and your children’s future, you need to fully understand your options so your best interests are protected. Our firm has resolved many cases over the years and will work to pursue what is best for you and your family.
To speak with our experienced Charlotte divorce lawyers, call us at (704) 659-0007 or contact us online today.
Questions About Divorce?
We are here to help. Still have questions or can't find the answer you need? Give us a call at 704-659-0007 today!
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How Can I Use Mediation?One of the most popular ways for parties to negotiate equitable terms for their separation and file for separation is through utilizing mediation. In mediation, the parties convene with a mediator, who acts as a liaison between the spouses. Mediators cannot give legal advice. If you wish to obtain legal counsel during mediation, you need to hire a mediation lawyer.
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How Do I Know if Mediation Is Right for My Situation?
For many individuals, mediation is a more relaxed approach to divorce. Instead of immediately resorting to the court and judge's decisions, you are given a chance to have an extensive discussion with your spouse. While this sounds like a fantastic option, not every couple can go through negotiations or work together to create a solid agreement. In these situations, other alternatives may provide a better route to resolution.
If you are curious about finding out if you can handle the mediation process, Rech Law, P.C. can help answer your questions:- Can you communicate with your spouse? Perhaps one of the most important questions to answer is if you can share with your spouse. If your gut tells you that you cannot, then it is likely that mediation will not be an effective solution. In these situations, having attorneys take the reins and communicate with one another can prove more beneficial in the long run. You should take this into account when deciding on your approach.
- Was the divorce agreed upon? Is the sudden news to you or your spouse? If that is the case, you might find mediation a challenge. Telling someone you want to end your marriage takes processing, and they may disagree with the decision. On the other hand, you might have decided on divorcing as a couple. If this is your situation, mediation may be right for you because you may be able to agree on specific components of the divorce with your ex-spouse.
- Was abuse a problem? Did your spouse ever engage in verbal or emotional abuse? In these cases, attempting negotiation is unsafe, as it can put you in a dangerous situation. Most times, if an attorney knows of a domestic violence issue, they will not suggest mediation at all. Instead, they will proceed with litigation, taking your case to court if necessary.
If you have any questions about the mediation process, you must have an attorney to help you. Rech Law, P.C. has experience with mediation and can help answer any inquiries.
The Mediation Process in N.C.
- If you can negotiate terms for your spouse, you can work with any lawyers you've hired and the mediator to collaborate on a separation agreement that both parties will sign.
- You can then present that separation agreement to the court as part of your uncontested case to expedite the process and ensure those terms are included in your final decree.
- The judge takes their time to review, and after that, you will be issued your proclamation.
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Does It Matter Who Files First?No. If you are eligible, your partner does not need to consent. If you submit first, your spouse does not need to finish or sign any documents, file anything with the court, or litigate for the hearing. Nevertheless, your partner must get appropriate legal notification case that you file.
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How Long Does The Process Take in NC?A simple process in N.C. can take 45 to 90 days to finalize after it has been filed with the courts. However, more complicated divorces, such as one in which the spouses cannot agree on child support or custody, will likely take longer.
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Do You Have To Be Separated for a Year To Get a Divorce in NC?Yes. Under NC General Statutes § 50-6, couples must be physically separated for at least one year before filing.
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Where Do I File in Charlotte, NC?If you live in Mecklenburg County, you must file your complaint at the Mecklenburg County Courthouse, which is located at 832 E 4th St, Charlotte, NC 28202. Its hours are Monday - Friday from 9 AM - 5 PM.
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What Does Divorce From Bed and Board Mean in NC?Divorce from bed and board is a form of separation. This type of separation is limited and only available for you if you experience extreme circumstances, such as adultery.
You can file for a regular separation agreement with help from an attorney. Having an attorney file your paperwork can allow you to negotiate property division and temporary spousal support, called post-separation support.
After separating through a divorce from bed and board, you would still have to wait one full year before you can file.
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How Can I Get a Quick Divorce in NC?
If you want a quick divorce in North Carolina, you may consider an uncontested divorce. In these cases, both spouses agree on all terms, and you usually avoid court hearings.
In Charlotte, you must carefully complete required forms, including a detailed separation agreement. Mecklenburg County requires specific documents for uncontested cases, so working with a local attorney helps ensure all procedures are handled correctly. Missing or incomplete paperwork can delay approval, even in simple divorces.
To proceed with an uncontested divorce in North Carolina, you need to file a petition and include a separation agreement that outlines all terms.
Get the help you need by calling (704) 659-0007 or contact our Charlotte divorce attorneys online.
Grounds for Divorce in Charlotte, NC
North Carolina laws allow for no-fault divorce, so you do not need to prove marital misconduct to file. The only required reason is that one spouse wants the marriage to end.
When filing in Mecklenburg County, you must meet residency requirements and show the spouses have lived separately for at least twelve consecutive months. Charlotte courts request clear proof of separate residences, such as leases, utility bills, or postal records. Providing complete paperwork helps you avoid delays at the county courthouse.
Other requirements include:
- The couple has lived separately and apart for at least one year;
- The separation was intended to be permanent, and
- One of the spouses has been a resident for at least six months.
- They must live in different residences for there to be no doubt of the separation.
If all requirements are met, either spouse may file for divorce.
Even if you have not resolved issues like child custody, alimony, or visitation rights, or property division, the marriage can still be dissolved. To ensure your legal rights, you should address all related matters before the process finalizes.
To speak with our experienced Charlotte divorce lawyers, call us at (704) 659-0007 or contact us online today.
Meet Our Family Law Team
Put 70+ Years of Combined Experience on Your Side
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Kate Rech Founding Attorney -
Bryce Rech Director of Business Development -
Katherine Ackerly Director of Operations -
Katie Gilbert Partner, Family Law Board Certified Specialist -
Amanda Smith Partner -
Christine W. Rosenhauer (Volponi) Senior Attorney -
Mihai Salagean Senior Attorney -
Alaina Prevatte Attorney -
Christerfer Purkey Managing Attorney -
Trey Schopen Attorney -
Jasmine Singleton Attorney -
Cameron Pressley Attorney -
Ashley Frank-Thomas Senior Paralegal -
Jon Knode Finance and Client Relations Coordinator -
Caroline Johnson Legal Administrative Assistant -
Jack Meyer Legal Administrative Assistant -
Laura Alejos Paralegal -
Athina Hinson-Boyte Attorney -
Mia Graves Paralegal
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Read Our Reviews
At Rech Law, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Kate’s attention to detail, speed, attitude, and ability to adapt to new situations as they came up were invaluable assets that helped my divorce proceed smoothly."Kate’s attention to detail, speed, attitude, and ability to adapt to new situations as they came up were invaluable assets that helped my divorce proceed smoothly.- Former Client
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"Kate Rech was not only professional and thorough but had excellent in court presence that came through for me time and time again."In my opinion, her greatest attribute is one that is not often found today and that was her compassion for her clients.- Former Client