Divorce Lawyer in North Carolina for Your Case
About Miller Cushing Holladay
At Miller Cushing Holladay, we focus our entire practice on divorce and family law matters. Divorce and other family law cases are sensitive matters, and our Charlotte divorce lawyers handle each case with the care and attention it deserves. When you become a client at our firm, you will benefit from the knowledge and experience of a team of Charlotte divorce attorneys with more than 80 years of combined experience, including Board Certified Specialists in Family Law.
As a client of Miller Cushing Holladay, you will work directly with a dedicated Charlotte family law attorney to determine which legal strategies work best for you and your family. We have a team of attorneys who are ready to assist with your divorce, whether you need help navigating a settlement outside of court or strong advocacy at trial. As part of that process, we are committed to clear communication so that you are able to make informed and timely decisions, especially since we know you are dealing with a tough situation when going through a divorce.
While we find strength working as a team, you can also rest assured knowing that the attorney you hire at the beginning of your divorce is the attorney who will guide you throughout your divorce to achieve your individual goals. You will have a personal relationship with your attorney, which ensures that your specific needs are addressed as they lead you through the legal process and work to achieve the best possible outcome for you and your family.
Types of Divorce Cases We Handle
Our team of dedicated Charlotte divorce lawyers has collectively assisted clients in all sorts of divorce cases and family law matters.
In North Carolina, an uncontested divorce allows spouses to end their marriage after living separately for at least one year, with at least one spouse residing in the state for six months prior to filing. This process is typically straightforward and cost-effective, but it’s essential to address issues like alimony and property division beforehand, as they may be waived once the divorce is finalized. Speaking with one of our Charlotte divorce attorneys can help you protect your rights and ensure all necessary steps are taken before completing the divorce.
A contested divorce involves disputes over key issues like child custody, support, property division, alimony, or even the date of separation, all of which can significantly affect the divorce timeline and related claims. When you meet with one of our Charlotte divorce lawyers, we’ll help you understand your options—whether negotiating a settlement or pursuing your rights in court. Our goal is to develop a cost-effective strategy tailored to your family’s needs.
If you are a high-net-worth individual, then your case may involve certain nuances that apply to families with larger incomes in the areas of child support, spousal support, property division, and beyond. In the context of property, it is important to have legal counsel that is familiar with some of the demands of a high-net-worth divorce, such as a business valuation and comprehensive analysis of complex financial reports. Your case may also require asset tracing and other in-depth financial analysis, given the larger amounts of income and assets involved. At our firm, we have Charlotte divorce attorneys who are experienced in dealing with these sorts of high-net-worth divorce cases, which can provide invaluable insight into how to navigate the intricacies of your case.
Financial disclosure and discovery is a critical part of divorce. In the event a case is pending, your divorce attorney will likely need to issue and respond to discovery requests such as interrogatories and requests for production of documents. Depositions in divorce can also be a valuable tool to learn large amounts of detail at once. Our divorce discovery attorneys can assist with discovery in your case, whether it’s routine or a complex tracking of hidden assets.
Family law mediation offers an opportunity to resolve your divorce or other family law issues outside of court. Typically, the process involves a neutral mediator, you, your attorney, your spouse, and your spouse’s attorney meeting in the same office, but separate rooms, to try to reach a compromise with the help of a mediator. Our firm provides divorce mediation services both through our family law lawyers, who represent clients in mediation, as well as certified family financial mediators, who serve as mediators.
Family law arbitration offers an alternative to court to resolve your divorce case without going to court. Specifically, parties utilize a private arbitrator to preside over a semi-formal, private trial in which each party presents their case, and the arbitrator is tasked with making an ultimate decision. Our firm provides divorce arbitration services to assist with your binding family law arbitration, child custody arbitration, and otherwise
Divorce litigation, also known as a contested divorce, occurs when spouses cannot reach an agreement on one or more issues, such as property distribution, alimony, child custody, or child support, and they need the court to make the decision. In these cases, the court may conduct hearings before making a final ruling on the pending issues. Our firm provides experienced divorce trial lawyers to assist with the entire divorce litigation process.
No divorce is easy, but divorcing a narcissist can prove especially difficult. An unfortunate reality of any family law practice is helping parties divorcing from narcissistic spouses. Experience has taught us that there are certain strategies for divorcing a narcissist that can help make the process smoother and ensure better results. If you are dealing with a narcissist husband or wife, we can help guide you through the process.
Separation agreements are legally binding contracts that can address key issues like property division, spousal support, and custody, but disputes can arise when one party fails to follow the terms or challenges the validity of the agreement. In North Carolina, courts will generally enforce these contracts unless they are proven to have been obtained through fraud, coercion, or are found to be unconscionable. Our Charlotte family law attorneys are experienced in both negotiating fair separation agreements and litigating disputes to protect your rights and secure the outcome you deserve.
In North Carolina, legal separation is generally defined as spouses living in two separate residences with at least one spouse intending to remain separated. A legal separation agreement is not necessarily required to establish separation, although it is often beneficial to address certain rights such as child custody, child support, alimony, and equitable distribution (i.e., property division) before separating, if possible. Our firm’s family law attorneys can walk you through your legal separation, whether you are planning to separate from your spouse or have already done so.
An important tool for Courts in North Carolina is a Judge’s powers of contempt. If a party willfully violates a Court Order, that party could be held in contempt, which can involve consequences as serious as jail time. Contempt is an avenue that can be utilized by parties and Judges alike to enforce Orders, including Child Custody Orders, Child Support Orders, Alimony Orders, Equitable Distribution Orders, and other Orders of the Court. Given the serious consequences at stake, the contempt process involves strict adherence to certain legal standards, and thus, it helps to speak with a contempt attorney about your rights in the process. At our firm, we have family law lawyers who have assisted with all sorts of family law contempt cases, both pursuing claims for contempt and defending parties in contempt matters.
Court cases are often a lengthy process that can take many months or even longer to work their way through the court system, depending on the issues involved. Sometimes parties will need relief sooner in order to protect themselves or their interests before waiting for their day in court. In these instances, a preliminary injunction may be sought early in a case in order to protect a party’s rights in the interim. For example, if there are concerns that one party might spend or hide marital assets before an eventual trial, the other party may seek a preliminary injunction to protect those assets beforehand by way of restraining the other party or even taking possession of the funds in question. If you need help understanding North Carolina preliminary injunction law or seeking an injunction yourself, we have a team of devoted family law attorneys who are ready to help.
Sometimes you may need to take immediate action to protect yourself or your property, and do not have time to wait for a lengthy trial process. For example, if you are concerned that your spouse plans to empty a bank account or sell a marital asset, you may need to act immediately to protect your property. In those instances, you may be entitled to seek a temporary restraining Order hearing in order to obtain a temporary restraining Order which protects your rights almost immediately. There are specific temporary restraining Order requirements that must be met in every case, so we recommend that you meet with one of our experienced divorce attorneys to discuss options in your case.
Collaborative law divorce generally refers to a process whereby parties and their attorneys commit to reaching a divorce agreement, oftentimes with the help of third parties such as neutral financial planners and therapists. A cornerstone of the collaborative divorce process is that parties enter into a collaborative agreement whereby they agree that both of their attorneys will be required to withdraw from representation in the event they are not able to reach an agreement and the court is required. The idea behind this central tenet is to encourage parties to collaborate with the knowledge that they might have to start over with another attorney if they cannot reach common ground. At Miller Cushing Holladay, we have collaborative divorce attorneys who can discuss whether the collaborative law process is the right fit for you and your family.
North Carolina divorce laws allow for divorce settlements to be reached by parties whereby they resolve key issues related to divorce, including child custody, child support, spousal support (i.e., alimony), and equitable distribution (i.e., property division) without the need for court. A divorce settlement agreement can be addressed both prior to the parties separating as well as after separation. At Miller Cushing Holladay, we have divorce settlement lawyers who can assist you with your divorce settlement from start to finish, including analyzing your case, negotiating a settlement, drafting necessary contracts, and attending mediation, if necessary.
A common way to handle important issues related to a legal separation and divorce is to enter into a Separation Agreement. A Separation Agreement is a binding contract between separating spouses that can control important legal issues such as spousal support (i.e, alimony), property division (i.e., equitable distribution), child custody, and child support. Our firm has a team of separation agreement lawyers who can help you both negotiate and draft a Separation Agreement in your case to avoid court.
Understanding Divorce in North Carolina
In North Carolina, the term “divorce” is often used as a catchall term to describe a range of legal issues that parties face when they are going through a divorce, including child custody, child support, spousal support, including post-separation support and alimony, and equitable distribution (also known as property division). Every divorce case is unique, and thus some cases may only deal with a few of these issues, while others may include all of them and more.
A key part of the end of any marriage and the divorce process is the legal separation of the parties. In North Carolina, legal separation generally occurs when spouses begin living under separate roofs and at least one of the spouses intends for the parties to remain permanently separated. If you are contemplating a divorce, it is important to talk with a divorce attorney early since your separation date can have a significant impact on your property rights, spousal support, and other important areas in your divorce. Our attorneys are here to talk you through the legal ramifications of separating if you’re contemplating a divorce and help form a strategy to achieve the best outcome for you and your family. In the event you have already separated, we can walk you through the legal issues at play in your case to ensure you have a strategy for a successful end result in your divorce.
Planning for Divorce in North Carolina
Divorce can impact many areas of critical importance in a person’s life, whether considering custody or visitation rights, or other significant financial matters, such as money and property rights. These issues often bring considerable amounts of stress. One way to help ease that burden and protect your rights is to plan ahead whenever possible.
A key part of planning for any divorce is first understanding your rights when it comes to important topics such as child custody, child support, spousal support, and property division. The best way to understand your rights is to first speak with a divorce attorney about your family’s situation so that they can answer any questions you have, as well as provide guidance on what rights you have and how to protect those rights within the divorce process. As part of that initial meeting, you and your attorney can work together to figure out a plan, whether out of court or in court, that best works for your situation.
An important step you can take on your own, before ever even meeting with an attorney, is to begin gathering and organizing important financial documents. This will help you to have a clearer understanding of your marital finances and in beginning to assess your financial position following the divorce. It’s also important to gather documents while you have access to them in the event you run into any issues later in the divorce process with a spouse who is withholding information. While your attorney can and will obtain the documents and information needed during the divorce process, doing so can sometimes take a considerable amount of time. It is helpful to be organized from the outset by gathering as much information as possible in the early stages of your divorce.
Discovery in Divorce
An important part of the divorce process, and family law in general, is the discovery of certain information and documents from the other party. There are different ways to obtain information, although they generally boil down to one question: will parties be able to freely exchange documents, or will anyone need to be forced to provide information through mandatory discovery?
Voluntary Discovery and Informal Discovery
If possible, you and your spouse may engage in voluntary discovery. This form of informal discovery is a process whereby each side requests documents and information, and both parties engage in the free and voluntary exchange of information. In general, voluntary discovery is often a more cost-effective approach, which is often utilized in the context of parties seeking to resolve their divorce and other family law issues outside of court, although parties do sometimes engage in voluntary discovery even when a divorce or family law case is pending. Whether voluntary discovery is appropriate in your case is a decision you will need to make with your attorney. In some situations, mandatory or compulsory discovery may be necessary. For example, if there are concerns that a party is hiding assets or if a party is refusing to participate in informal discovery in good faith, mandatory discovery may be the most effective approach.
Mandatory Discovery
Mandatory, or compulsory, discovery refers to discovery that is issued as part of a family law or divorce case, and is binding upon parties and third parties. In general, mandatory discovery refers to forms of discovery such as Requests for Production of Documents, which require parties to provide requested documents, Interrogatories, which mandate parties to answer certain written questions under oath, depositions, which involve the taking of parties’ sworn testimony before a court reporter, and other forms of discovery such as Requests for Admissions. While the parties are bound by certain limits, and each party has a right to object to unreasonable discovery requests, mandatory discovery can be a powerful tool, given that failure to comply can be addressed by contempt of court and the award of attorney fees. In addition, mandatory discovery can also include discovery requests such as subpoenas issued to third parties to produce documents or even appear for a deposition. In the event mandatory discovery is necessary in your case, one of our divorce attorneys can walk you through the process by both issuing strong formal discovery requests and also protecting your interest in responding to discovery requests, including objecting to unreasonable requests where necessary.
Alternatives to Trial
Any party going through a divorce or dealing with other family law issues in North Carolina has the right to have their matter resolved through trial. However, there are other opportunities to resolve your case that don’t involve having your case tried and decided by a judge in a public courtroom.
Negotiation and Mediation
Parents, spouses, and other parties dealing with a divorce or other family law matters in North Carolina have the option to resolve their dispute amongst themselves. This process typically, but not always, involves an exchange of documents and information between parties and their attorneys, followed by some level of negotiation to try to reach a compromise. Your divorce attorney can work with you to negotiate with the other party and their attorney, as well as draft any necessary settlement documents to formalize your agreement in a binding contract or order.
In some cases, parties will attend mediation in an effort to resolve their divorce and other family law issues. In general, mediation is a process whereby each party and their attorneys utilize a neutral mediator, who is often an attorney, to try to reach an agreement. Mediation is a voluntary process in that the mediator cannot force either of the parties to reach an agreement. Rather, the mediator will attempt to work with the parties and their attorneys to try to reach a compromise that works for everyone.
Our team of Charlotte divorce lawyers has experience helping clients navigate divorce settlements directly with other parties and attorneys, as well as through the mediation process.
Collaborative Law
In North Carolina, parties have the ability to engage in what is known as a Collaborative Law process. The cornerstone of any Collaborative Law process is that both parties commit, in writing, to reaching an agreement through collaboration, but also that they will be required to retain new attorneys in the event they are not able to reach an agreement. The idea behind this process is to incentivize an agreement within the confines of the process, as well as discourage choosing to go to court. The process often also entails the use of other neutral parties, such as therapists and financial neutrals, to assist the parties as they work to resolve their divorce.
At Miller Cushing Holladay, we have attorneys who can help you resolve your case outside of court, whether through traditional negotiation and mediation, as well as through the Collaborative Law process.
Arbitration
In the event parties are not able to reach a resolution through negotiation, they still have alternatives to a public trial, including arbitration. Arbitration is a process whereby parties agree to privately hire a neutral attorney to decide their divorce or family law case. Arbitration is like a court in many ways, given that it still involves the presentation of evidence to a neutral third party in order for that third party to make a decision. However, unlike trial, arbitration is a private process over which the parties have some level of control, including the timing, speed, and rules of that process, as opposed to being subjected to the standard rules of court and the long wait that can often come with litigating a case through the courts.
Why You Need an Experienced Charlotte Divorce Lawyer
An experienced Charlotte divorce lawyer is crucial to obtaining the best possible results in your divorce. While there are great attorneys who practice all types of law in the area, it is important to find an attorney who has experience specifically in the area of divorce and family law.
A lawyer that practices solely, or at least primarily, in the area of North Carolina family law and divorce is an important part of any legal strategy given that they can assist you not only with understanding specific North Carolina laws which apply in your case, but also the particular nuances in those laws that will form a measured legal strategy. Any well-formed legal approach should focus not only on the broad strokes but also on the finer details of your case. A wealth of knowledge about the particular case law and local rules that will impact your divorce is essential for effectively addressing the finer details of your case.
Experience also means that an attorney will be able to speak to what they have seen work, and not worked in North Carolina courts, as well as provide you with a feel of what to expect from your local judges. While no divorce lawyer can determine exactly how a judge may rule, experience, both individually and firmwide, provides a basis to at least make informed decisions based on prior results. At our firm, we proudly draw on 80 years of combined experience when addressing your case.
Another important, but often overlooked, component of effective legal representation is the ability of your attorney to provide objective legal counsel. While your goals and rights are always our top priority, a bedrock of any productive attorney-client relationship is an honest dialogue between attorneys and their clients. Oftentimes, the best way for our Charlotte divorce lawyers to protect your position and help you achieve your goals is to give feedback on the advantages and disadvantages of certain legal positions, and the strengths and weaknesses of your divorce or other family law case. At Miller Cushing Holladay, we believe the best way to serve you is to ensure you are making well-informed and clear-eyed decisions that will impact you, your family, and your property.
Schedule a Consultation
The initial step to addressing your divorce is scheduling a consultation with one of our law firm’s Charlotte divorce attorneys. During the initial consultation, you will have a chance to explain the details of your situation, as well as your goals. One of our attorneys will then answer any questions you have, explain your rights and the divorce process in North Carolina, and discuss options for action if you retain our services.
Please call our office at 980-321-5590 when you are ready to schedule a private consultation with one of our experienced divorce lawyers.
