Divorce

Obtaining a divorce in North Carolina requires filing legal papers with the court, serving those papers on your ex-spouse, and following certain legal procedures to obtain a Final Judgment of Absolute Divorce. It is essential to understand, however, that getting a divorce is more than just filing and serving papers. Critical issues need to be resolved during the divorce process, including how marital property will be divided, whether alimony will be paid, and how issues of custody and support of the children will be handled.

Our attorneys provide the representation you need, during this critical time, to ensure that your rights are protected and your needs are met, during and after the divorce. Contact us online or by telephone at 704-342-4357 to arrange an initial consultation with a skilled Charlotte divorce attorney.

There are Different Ways to Divorce in North Carolina

Depending upon your own unique situation, there are different processes and procedures to get divorced under North Carolina law. Be sure to discuss your situation with qualified and experienced North Carolina divorce attorneys, so that you pursue the right option that best meets your needs.

Absolute Divorce

Most divorcing couples in North Carolina seek an absolute divorce. This process requires that the spouses be separated for at least one year. Also, at least one of the spouses must be a legal resident of North Carolina for at least six months before filing. After filing the divorce papers with the court, the filing spouse serves the papers on the other spouse, who generally has thirty days to respond to the complaint and include any counterclaims.

This process is the same whether the divorce is contested or uncontested. In an uncontested divorce, all the issues in the divorce (equitable distribution, alimony, child custody, child support) have already been decided by the parties, and there is no disagreement as to the disposition of these issues. If any of these issues are unresolved, then the divorce is contested, and litigation is necessary to resolve the dispute.

In either case, it is critical to assert claims regarding equitable distribution and alimony before the divorce is granted. These issues can be decided through a separation agreement or a formal lawsuit. These issues must be decided, or at least asserted, before the entry of an Absolute Divorce Judgment, or you will be prevented from ever bringing these claims in court.

Divorce From Bed and Board

This type of divorce does not require the one-year separation period. However, it is only granted on specific grounds, such as abandonment, intolerable conditions, excessive use of alcohol or drugs, endangerment of one’s life, and adultery. If one of these grounds is present, it must be proven in court. When one spouse can be shown to be at fault for the breakdown of the marriage, this fact can impact the determination of issues such as alimony.

Annulment

An annulment is the legal dissolution of a marriage that essentially treats the marriage as never having occurred. An annulment is only available in situations where the marriage was void or voidable to begin with. The grounds for a voidable marriage include incest, impotence, incapacity, or inducing the marriage through the false representation that one was pregnant.

We are Here to Help You File for Divorce in North Carolina

If you and your spouse have been separated for twelve months and at least one of you has been a legal resident in North Carolina for at least six months, you can file for divorce. While you are not required to have a separation agreement in place prior to filing for divorce, issues involving division of property and alimony are required to be resolved prior to the entry of divorce by the Court.

Unresolved issues related to property division and alimony can be resolved with a separation agreement or through the court by filing a lawsuit. If you and your ex-spouse are willing to negotiate the terms of a separation through your attorneys, a separation agreement may be advisable. If tensions are running high between the parties, using the court system may be the better choice to resolve the outstanding issues. Regardless of which option may be best for your situation, the Charlotte divorce attorneys at Powers Law Firm PA are here to help you through that process.

Contact us online or by telephone at 704-342-4357 to arrange an initial consultation with a skilled Charlotte Family Law attorney.

North Carolina Divorce Process

If you have been served with a divorce complaint by your former spouse or are looking to serve your former spouse, the receiving party generally has 30 days to file a response with the court. The response to the divorce complaint should include any and all known counterclaims, such as equitable distribution and alimony. The failure to raise such claims could be highly detrimental to your case.

For example, if the claims of equitable distribution and/or alimony are not raised prior to the entry of the Divorce Judgment by the Court, you will be precluded from raising them at a later date. It is highly important to hire an attorney who will pay extra attention to your case, so that your well-being is not impacted by such a simple mistake.

Contact Our Charlotte Divorce Attorneys Now

If you are looking for aggressive representation for your divorce, we are here to help. Contact a Charlotte divorce attorney at Powers Law Firm PA immediately, so we can start fighting for you! Call us today at 704-342-4357.

North Carolina Family Law Updates – Divorce