Located in Charlotte, North Carolina
Divorce Helping Families Move Forward

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 concerning major 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 North Carolina.

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 child custody, child support, alimony, or 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 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.

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 mediation page.

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.

Testimonials

Families Share Their Stories
  • “Working with Rech Law, P.C. professionals, explicitly working with Stephanie and Amanda was an enjoyable experience”

    - Melinda L.
  • “I think Katie and the staff doing an amazing job and would highly recommend.”

    - Justin G.
  • “She helped me negotiate and close my case within a month of hiring her!”

    - Former Client

Why Choose Rech Law?

We Are on Your Side
  • Highly Awarded & Reputable Team
  • Track Record of Successful Outcomes
  • Realistic Expectations from the Start
  • Work Directly With Your Attorney
  • Personally Invested in Your Case
  • Timely Communication Is Everything

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