Charlotte Divorce Lawyer

Charlotte Divorce Attorney

Divorce can be a traumatic process that inevitably leads to many changes in an individual’s life. Regardless of how amicable you intend the process to be, it is important to have the advice and guidance of a skilled Charlotte divorce lawyer to represent you and protect your interests.

At Butler, Quinn & Hochman, PLLC, our family law attorneys care about the interests of you and your children. We can provide thoughtful, practical guidance on all elements that may arise in a divorce case.

Is a Legal Separation Required in North Carolina Before a Divorce?

You are not required to have a legal separation agreement to be legally separated in North Carolina. The only state requirements include that you must be living in separate residences and that at least one of the parties must intend for the separation to be permanent.

Although a separation agreement is not required, it may provide the basis for how things will be handled at the time of your divorce. A separation agreement can outline how legal issues will be addressed, such as the division of property or whether alimony will be paid. An attorney can help with the creation of this document and provide legal guidance.

If you decide to create a separation agreement, it will need to be a written document signed by both spouses, with both signatures notarized.

What Are the Requirements for Divorce in North Carolina?

To file for a divorce, you and your spouse will need to be living apart for a minimum of one year and one day. Additionally, there are residency requirements that specify that you or your spouse must currently live in North Carolina and have lived in the state for at least six months prior to filing for divorce.

The court will accept your truthful testimony to prove that you and your spouse have been living apart for the required time. It may also be beneficial to present a separation agreement to the court, which will list the day of separation. You may also rely on witnesses or other documents.

A divorce in North Carolina does not require agreement from both spouses. A spouse is not required to agree to the divorce, complete and sign any paperwork, or attend any court hearings. You are required to follow the legal process for serving your spouse with all required documents related to the divorce filing.

How Do You File for Divorce in North Carolina?

If you meet the residency requirements and have satisfied the time living continuously apart from your spouse, you may then begin the process of filing for divorce. It is advisable to have the guidance and advice of a skilled Charlotte divorce attorney throughout the divorce process.

There are multiple documents that will need to be filed with the clerk of court in the county where you or your spouse lives. The address is 832 East Fourth Street, Charlotte.

You will file a complaint that makes the formal request for a divorce and states the facts of your case. The complaint will need to include any requests you are making, such as those regarding spousal support and property division, and the facts that support your requests.

You will also file a civil summons, a domestic civil action cover sheet, and an affidavit required under the Servicemembers Civil Relief Act, letting the court know if your spouse is a member of the military. There will be a court filing fee of $225.

How Will My Spouse Know I Am Filing for Divorce?

You may choose not to discuss your intention to file for a divorce due to safety issues or other reasons. Your spouse will be served with copies of the civil summons and the complaint. You may select to have the sheriff serve your spouse. This service has a $30 fee.

You may also elect to send the documents to your spouse via certified mail, UPS, or FedEx. If you mail the documents, you must provide proof to the court that your spouse received the documents.

What Is a Divorce Hearing?

Mecklenburg County does not hold formal divorce hearings. A hearing date will be set, but it is typically time used by the judge to review the case to determine whether all required steps have been completed. The spouses and their attorneys do not attend the hearing.

If everything is in order, the judge will grant the divorce. The parties will receive copies of the divorce judgment through the mail, or they may pick up a copy from the civil file viewing room located on the third floor of the Mecklenburg County courthouse.

Divorce From Bed and Board

Divorce from bed and board (DBB) is a court-ordered separation that may be issued in North Carolina. It is only ordered under specific and limited circumstances. The spouse requesting the DBB must demonstrate serious fault by the other spouse, such as drug abuse or adultery.

After the DBB is granted, you may create and file a separation agreement and request that the court resolve issues like property division and alimony. You are still required to observe the one-year waiting period before filing to legally end the marriage through divorce.

Uncontested Divorce in North Carolina

A no-fault or uncontested divorce is when both parties agree to the divorce, and there is no need to prove fault. An uncontested divorce will result in a simpler, shorter process. The couple will need to follow the time requirements of one year of separation to file for an uncontested divorce.

An uncontested divorce will require that you and your partner agree on how to divide your marital assets and any outstanding debt. You and your partner will need to agree on whether alimony will be paid, the amount, and the duration.

If there are children in the marriage, you will need to determine how custody and visitation will be arranged. You will also need to determine how support for the children will be structured, such as support payments, health insurance, and other medical expenses.

How Do I Change My Name After a Divorce?

You may request to resume your maiden name when you file the divorce complaint. If you opt to do so, the name change will be allowed as part of your divorce judgment. There is no fee associated with pursuing a name change this way. You will, however, be responsible for changing your name on all of your legal documents.

Examples of items you should update with your new legal name include:

• Your passport
• Driver’s license
• Utility bills
• Social Security card
• Mortgage information
• Title and insurance for your vehicle
• Tax information

You will be required to notify the Social Security Administration and the North Carolina Department of Transportation.

Some individuals prefer to wait to change their name. If you decide not to include a request for a name change with your divorce complaint, it is still possible to change your name at a later time. You will need to complete a form available at the office of the clerk of court. You will need to present your divorce decree, valid photo identification, and the completed form.

What Is Alimony?

Alimony is financial support paid to one spouse by the other. Payments typically start following a divorce. Either partner may receive alimony if they are financially dependent on and require the support of their spouse.

Alimony helps to make sure that one partner does not experience a drastic decline in the quality of living as a result of a divorce. Alimony may be awarded as part of a divorce by the court, or a spouse may agree to pay alimony as part of the divorce process, or a premarital agreement may outline the terms of alimony.

North Carolina does not have any codified rules for determining the amount of alimony an individual will receive. The judge overseeing the case will make this determination. There are several factors that will influence the decision, including:

• The education and employability of each partner
• How long did the marriage last
• Each partner’s ability to be self-supporting
• The standard of living established during the marriage
• The age and health of each partner
• How marital property was divided
• How each partner contributed to the education or career of the other

What Factors Impact Alimony in North Carolina?

North Carolina law has a provision for illicit sexual behavior that will impact alimony. The law states that if the dependent spouse cheated before the date of separation, then alimony is forfeited. If the supporting spouse cheated before the date of separation, then they will be ordered to pay alimony.

In cases where both spouses have cheated prior to the date of separation, the judge has the authority to determine if alimony will be awarded. If the cheating was forgiven or condoned by the other spouse, an exception applies.

Other actions considered marital misconduct that happened during the marriage before the date of separation can impact an alimony award. Examples of marital misconduct include:

• Involuntary separation due to imprisonment
• Abandonment
• Cruel treatment or endangering the life of the other partner
• Reckless spending or concealing assets
• Excessive use of drugs or alcohol results in making life intolerable for the other partner

How Long Does Alimony Last?

North Carolina law does not provide any formulas or guidelines for how long alimony can last. The judge has discretion to make this decision based on the specifics of the case. There are factors that will cause alimony to end, such as the death of either party or if the individual receiving alimony begins living with a new romantic partner.

Alimony may be paid in a lump sum or periodically for a set period of time. The court may also award in-kind support that provides housing, insurance, and other benefits in lieu of direct payments.

Postpartum support is paid during the period of separation while the divorce is pending. Durational alimony has an end date and is awarded to help a partner establish self-sufficiency after a divorce. Permanent alimony may be granted when a long marriage ends, the dependent spouse is elderly or has a disability, or is unable to become self-sufficient.

FAQs

Q: How Much Is a Divorce Lawyer in Charlotte, NC?

A: The biggest expense associated with a divorce in Charlotte, NC will be the cost of a lawyer. If you and your spouse cannot come to an agreement on specific topics resulting from a divorce, the cost will be greater due to the time involved in negotiating an agreement. Attorneys for both parties will need to gather and exchange information. If one party is uncooperative, it could lead to additional costs due to the time involved in filing motions and attending court hearings.

Q: What Is the Wife Entitled to in a Divorce in NC?

A: North Carolina is an equitable distribution state. This means that the court will attempt to divide marital assets fairly between both parties. Marital assets will be divided fairly, but separate assets will remain with the party to whom they belong. A wife may also be entitled to a portion of her spouse’s retirement benefits. Any alimony or spousal support award will consider the financial needs of the receiver and the paying spouse’s financial ability.

Q: What Are the 3 C’s of Divorce?

A: The three C’s of divorce refer to communication, cooperation, and compromise. Ending a marriage is an emotional experience that tends to cause stress. Often, your legal counsel will remind you to focus on promoting a smoother and more successful process. When both parties utilize the three C’s, a divorce can be less expensive and less stressful. Additionally, the court prefers to see individuals who are acting in good faith, so observing the three C’s can also strengthen your legal position.

Q: What Type of Lawyer Is Ideal for Divorce?

A: A divorce attorney will likely have the most experience with North Carolina divorce laws, child custody laws, and alimony determinations. After identifying your goals, research attorneys who have focused knowledge on those topics. For example, if the custody of your children is paramount, you will want to secure an attorney with success in child custody negotiations. Request a consultation with a Charlotte divorce lawyer to determine whether their experience is a good match for your case.

Discuss Your Case With a Charlotte Divorce Lawyer

Divorce is an experience likely to impact multiple elements of your life. The right legal counsel can make this transition much less stressful. At Butler, Quinn & Hochman, PLLC, our attorneys have a vast understanding of family law and can help you navigate the complexities of your divorce, ensuring what’s FIX of you and your children. Contact our office to schedule a free consultation with one of our knowledgeable divorce lawyers.