Charlotte Divorce Attorneys
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 can be a lifesaver. That is why we recommend
that you enlist the services of one of our experienced family law lawyers
at Rech Law, P.C.
Our lawyers deal with
divorce issues every day and have the knowledge, skills, and resources to help you transition through
the entire process as comfortably as possible.
Our family law 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?
No. If you are eligible for a divorce, your partner does not need to consent.
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 hearing.
Nevertheless, your partner must get appropriate
legal notification of the divorce case that you file.
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 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.
It is not enough for a couple to live in the same 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
Certain issues will need to be resolved or be pending at the time the separation
is finalized, to ensure that your legal rights are not forever waived.
The Difference Between Uncontested & Contested Divorce
Whether you choose to
file for a contested or uncontested divorce could have significant ramifications on the outcome of your family case.
If you and your partner agree on terms for your separation, including divorce-related
processes such as
property division, alimony, and child custody and support, you can file for an uncontested
or "simple" separation.
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 legal disagreements after filing.
In most uncontested divorces, the parties develop and sign a separation
agreement laying out the terms they've agreed to. The court can then utilize
this agreement to draft a divorce decree and finalize the separation.
While an uncontested divorces 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 separation
to negotiate and try to find a path towards an uncontested annulment before
litigating the dissolution of their marriage in a Charlotte courtroom.
How Can I Use Mediation to Resolve My Divorce?
One of the most popular ways for parties to negotiate equitable terms for
their separation and file for a separation is through utilizing
In mediation, the parties convene with a mediator, who acts as a liaison
between the spouses.
cannot give legal advice.
If you wish to obtain legal counsel during mediation,
you need to
hire a Charlotte mediation lawyer.
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 divorce to expedite the process and ensure those terms
are included in your final decree.
To learn more about how our North Carolina family law attorneys can help
you pursue the best outcome in your separation, 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 in North Carolina.
The Importance of Divorce Representation
Due to the substantial impact that
family law 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.
The family law lawyers at our Charlotte law firm, 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.
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 Charlotte attorneys to schedule a consultation at
(704) 659-0007 today.