Charlotte NC Divorce Attorney
Caring & Capable North Carolina Legal Advocates
Everyone knows how difficult the divorce process can be for the parties
involved, their children, and even their extended families. Decisions
family issues can seem fraught with unseen consequences. Anxiety, animosity, and confusion
over what is best for the future can cause all types of problems and stress.
When facing such an emotional situation, having a trusted legal guide and
representative in Charlotte, NC can be a lifesaver. That is why we recommend
that you enlist the services of one of our experienced divorce lawyers
at Rech Law, P.C. Our attorneys deal with divorce issues every day and
have the knowledge, skills, and resources to help you transition through
the divorce process as comfortably as possible. Our attorneys are proud
of our client satisfaction record, which is based on our ability to listen,
provide compassionate support, and take an aggressive stance when it comes
to protecting your best interests at the negotiation table or court in
Does It Matter Who Files For Divorce First In NC?
No. If you are eligible for a divorce, your partner does not need to consent
to the divorce. If you submit for divorce, your spouse does not need to
finish or sign any documents, file anything with the court, or litigate
for the divorce hearing. Nevertheless, your partner must get appropriate
legal notification of the divorce case that you file.
Get the divorce help you need by calling (704) 659-0007 or by
contacting us online.
What Are the Grounds for Divorce in North Carolina?
North Carolina is a no-fault divorce state which means that proof of a
spouse’s marital misconduct is not required to file for divorce.
The only “grounds” for a divorce in North Carolina are that
either one or the other of the spouses wishes to end the marriage.
Other requirements in NC 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 North Carolina resident for at least six months.
It is not enough for a couple to live in the same Carolina residence in
separate bedrooms to fulfill the one-year separation. They must live in
different residences for there to be no doubt of the separation. Once
the above requirements are met, either spouse may file for what is called
an “absolute” divorce.
The marriage will then be dissolved whether or not the couple has resolved
all issues, such as
property division. Certain issues will need to be resolved or be pending at the time the
divorce is finalized, to ensure that your rights are not forever waived.
The Difference Between Uncontested & Contested Divorce in NC
Whether you choose to file for a contested or uncontested divorce could
have significant ramifications on the outcome of your case.
If you and your partner agree on terms for your divorce, including divorce-related
processes such as property division, alimony, and child custody and support,
you can file for an uncontested or "simple" divorce.
However, if you have any disagreements about how to handle the divorce
process, you must file for a contested divorce instead.
A contested divorce can transition into an uncontested divorce if the parties
can resolve their disagreements after filing.
In most uncontested divorce, the parties develop and sign a divorce agreement
laying out the terms they've agreed to. The court can then utilize this
agreement to draft a divorce decree and finalize the divorce.
While an uncontested divorce can be resolved almost immediately after the
parties complete the requirement of separating and living apart for a
year, contested divorces can drag on for years. As a result, many courts
and attorneys encourage parties seeking a divorce to negotiate and try
to find a path towards an uncontested divorce before litigating the dissolution
of their marriage in court.
How Can I Use Mediation to Resolve My Divorce?
One of the most popular ways for parties to negotiate equitable terms for
their divorce and file for an uncontested divorce is through utilizing
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.
If you can negotiate terms for your spouse, you can work with any attorneys
you've hired and the mediator to collaborate on a divorce agreement that
both parties will sign. You can then present that divorce agreement to
the court as part of your uncontested divorce to expedite the divorce
process and ensure those terms are included in your final divorce decree.
To learn more about how our attorneys can help you pursue the best outcome
in your divorce, visit our
How Long Does a Divorce Take in NC?
A simple divorce in North Carolina can take anywhere from 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 are unable to agree on child
support or child custody, will most likely take longer.
Do You Have To Be Separated for a Year To Get a Divorce in NC?
Yes. Under North Carolina General Statutes § 50-6, couples need to
be physically separated for at least one year before filing for divorce
in North Carolina.
The Importance of Divorce Representation
Due to the substantial impact that divorce issues can have on your and
your children’s future, it is important that you fully understand
them and that your best interests are protected. Our lawyers have settled
many divorce cases throughout the years. Our attorneys will work diligently
to seek what is best for you and the welfare of your children. Our
NC family law attorneys listen closely to your concerns and offer focused and attentive legal
support to help you make it through this difficult time as efficiently
and painlessly as possible.
Call our attorneys to schedule a consultation at (704) 659-0007 today.