Experienced Divorce Attorneys in Charlotte, North Carolina
At the David W. Martin Law Group, our Charlotte divorce attorneys know that ending your marriage is one of the most difficult decisions you will ever make.
Whether the discord is sudden and caused by a single event, or has been growing over time, when couples decide to divorce, there are still many legal obstacles to navigate in North Carolina.
Our Mecklenburg County divorce lawyers will explain each of the legal options available for your unique circumstances, so you can begin planning your future with confidence.
Skilled Divorce Attorneys in Charlotte, North Carolina
No matter who you are, or how long you have been married, preparing for a divorce is never easy. That is why we are here.
Our Charlotte divorce attorneys will explain each legal aspect of your case in clear terms, so you can make informed decisions about your future.
Our knowledgeable divorce lawyers will advise you on what steps to take, based on your unique circumstances, to choose the right type of divorce to yield the results you are looking for.
In North Carolina, there are multiple types of divorce proceedings that apply to different marriages, which include:
- No-Fault Divorce
- Absolute Divorce
- Divorce from Bed and Board
- High-Asset Divorce
- Contested Divorce
- Uncontested Divorce
- Collaborative Divorce
Is North Carolina a No-Fault Divorce State?
North Carolina is a no-fault divorce state. That means neither spouse must prove the other’s marital misconduct led to the divorce.
To get a no-fault divorce, you and your spouse must meet two basic requirements:
- You must have lived separately and apart – in different residences – for at least 12 consecutive months.
- At least one of you must have been a North Carolina resident for six months before initiating divorce proceedings.
If both of those factors are true, you may proceed with filing for divorce the day after the 12-month separation period ends.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Property Division
- Prenuptial Postnuptial Agreement
- Separation Agreements
What if One Spouse Was at Fault for the Charlotte, North Carolina Divorce?
Most divorces in North Carolina are no-fault divorces.
However, if one spouse’s behavior is offensive and has led to the breakdown of the marriage, the other spouse may seek a divorce from bed and board.
What is a Divorce from a Bed and Board in Charlotte, North Carolina?
In North Carolina, a divorce from bed and board is a court-ordered separation that helps the affected spouse settle important marital issues, including alimony, child custody, and child support.
Getting a divorce from bed and board can also cause the at-fault spouse to lose some marital benefits, such as estate rights.
A divorce from bed and board requires the injured spouse to initiate the proceedings and successfully prove that the at-fault spouse is guilty of at least one of the following grounds for this type of divorce.
- Cruel treatment that endangers your life
- Humiliating you so that life becomes intolerable
- Maliciously forcing you to leave the residence
- Substance abuse
If your marriage has been marred by domestic violence, drug and alcohol use, or adultery, contact our skilled Charlotte divorce attorneys today to learn more about your legal rights to remove your spouse from your home, so you can move forward without harm.
What is an Absolute Divorce in Charlotte, North Carolina?
There are two grounds for an absolute divorce in North Carolina.
- You must have lived separately and apart — in different residences — for at least 12 consecutive months.
- Proof of one spouse’s incurable insanity, which requires a three-year separation before the other spouse can file for divorce.
Absolute divorces also require that at the time of the separation, at least one spouse intended for the separation to be permanent.
You may file for an absolute divorce the next business day after your one-year separation.
What is the Difference Between an Uncontested and Contested Divorce in Charlotte, North Carolina?
An uncontested divorce in North Carolina means neither you nor your spouse has any discrepancies or disagreements regarding the dissolution of marriage, alimony, division of property, child custody, or support.
An uncontested divorce still requires you and your spouse to be separated for a year.
A contested divorce in North Carolina means there is at least one matter regarding the divorce that you and your spouse cannot agree on, including division of property, child custody, or support that requires you to litigate the details inside the courtroom.
What is a Collaborative Divorce in Charlotte, North Carolina?
Collaborative divorce in North Carolina allows all decisions regarding the marriage’s dissolution to unfold outside of a courtroom.
The spouses will negotiate the terms of the split privately, and with the assistance of a skilled divorce attorney, use your best efforts to resolve the terms of the divorce. Before the process begins, the parties negotiate certain ground rules and sign a contract agreeing to avoid court.
Any decisions that are made in the collaborative divorce process are binding and final.
What is a High Asset Divorce in Charlotte, North Carolina?
High-asset divorces in North Carolina are often complex because they involve an increased number of assets that must be valued, which could include business interests, property ownership, or extensive financial accounts that must be evaluated and assessed for division.
Your unique marital circumstances will dictate which types of divorce you are eligible to pursue, and our skilled Charlotte family law attorneys will see you through each detail of your dissolution, so you can take control of your future starting today.
Contact Our Skilled Family Law Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte divorce attorneys are here to listen to your legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.