Skilled North Carolina Divorce Attorneys

At the David W. Martin Law Group, our divorce attorneys represent clients throughout North Carolina during these incredibly challenging times. Whether you were married for a single year or twenty years, your rights must be protected during your divorce proceedings, so you can move forward with confidence.

Multiple types of divorces can be pursued in North Carolina. Finding the right one to fit your unique marriage dissolution needs can help you positively start your new life.

Our divorce lawyers will explain each of the legal options available for your unique circumstances, so you can get started right away, and put your marriage dissolution behind you.

What are the Different Types of Divorce in North Carolina?

Many paths can lead to a marriage’s dissolution, and no two sets of circumstances that got our clients here are the same.

Our North Carolina divorce attorneys allow each of our clients to understand the complete terms of their divorces — and what they mean to their futures — so they can make informed decisions about the direction of their unique cases.

Since North Carolina is a no-fault divorce state, neither spouse must prove the other’s marital misconduct led to the marriage’s dissolution.

To pursue a no-fault divorce, also called an Absolute Divorce, spouses must have lived separately and apart — in different residences — for at least 12 consecutive months, and at least one spouse must have been a North Carolina resident for six months before initiating the divorce proceedings.

Spouses may file for divorce the next business day after their one-year separation.

Contact our skilled North Carolina divorce attorneys today to learn more about your legal rights and options to pursue a speedy outcome, so you can move forward without delay.

Our experienced family law attorneys in North Carolina represent clients in the following legal matters:

What is a Divorce from Bed and Board in North Carolina?

When one spouse’s behavior has led to the breakdown of a marriage, the other spouse may seek a divorce from bed and board in North Carolina.

It is important to note, a divorce from bed and board does not actually divorce one spouse from the other. It is a claim that can be made when the couple is still living together, one spouse has committed marital misconduct, and neither party is agreeing to leave the marital home.

The injured spouse must prove the at-fault spouse damaged the marriage with one or more of the following behaviors:

  • Adultery
  • Substance abuse
  • Abandonment
  • Humiliating tactics that make life for the other spouse intolerable
  • Cruel treatment that endangers their spouse’s life
  • Maliciously forcing the spouse to leave the residence

It is only when the party seeking the divorce from bed and board can prove that the at-fault party committed marital misconduct that the court will award a legal separation where the prevailing party can then pursue his or her marital claim for alimony, child custody, child support and equitable distribution.

It is essential that the party bringing the claim for divorce from bed and board did not commit any marital misconduct at all. In short, that means he or she was completely blameless for the dissolution of the marriage.

Even with the divorce from bed and board the parties will still have to wait a year from separation to obtain the absolute divorce.

If you are eligible to pursue a bed and board divorce in North Carolina, our skilled family law attorneys can help you understand your legal rights and options.

What is a Collaborative Divorce in North Carolina?

Spouses may seek a divorce outside the courtroom, privately, through mediation, or another alternative dispute resolution process through collaborative divorce proceedings in North Carolina.

During a collaborative divorce, the spouses privately negotiate the terms of their marriage dissolution, which may include property division, alimony, child custody, and child support, when applicable.

Before the process begins, the parties negotiate certain ground rules and sign a contract agreeing to avoid court. Once the terms of the divorce are finalized, the result is binding.

What is the Difference Between a Contested and Uncontested Divorce in North Carolina?

A contested divorce in North Carolina occurs when spouses fail to agree on one or more of the terms of the dissolution, risking its finalization.

Contested divorces are common when parents are unwilling to outline a custody agreement on their own — and clash for the right to have more time with their kids or to keep the other parent away from them — or during high-asset divorces where the conflict is over the division of property and assets.

Contested divorces are often lengthy, and unfold during litigation, which places the control of the couple’s dispute and its resolution with the judge. If you foresee your spouse challenging one or more aspects of your divorce, we can help you understand the legal details necessary to put the dispute to an end and how we can help you overcome these challenges using our litigation experience and resources to create solutions.

Conversely, uncontested divorces in North Carolina mean neither spouse disagrees about the details of the marriage’s dissolution. They can finalize an agreement regarding all applicable details, including property division, child custody, child support, and alimony, but must also wait a full year after separating before filing for a divorce.

Contact Our Skilled Divorce Attorneys in North Carolina to Discuss Your Legal Options

If you are considering divorce in North Carolina, and are concerned about the next steps, and what they mean to your future, call our experienced family law attorneys in North Carolina today at 980-265-9724 to discuss your case and get the legal guidance and strategies you need to move forward with your new life with confidence.

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David W. Martin Law Group

108 Springs St, Fort Mill,
SC 29715-1722
(803) 548-2468

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Greenville, SC 29607
(803) 590-1958

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Rock Hill, SC 29730
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Bluffton, SC 29909
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Mt. Pleasant, SC 29466
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1808 East Blvd
Charlotte, NC 28203
(980) 265-9724

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