Divorce Attorney in Charlotte, NC

What Are North Carolina's Divorce Laws?

Divorce in North Carolina is a multifaceted process governed by state laws that encompass various aspects of marital dissolution. As a "no-fault" divorce state, couples can seek divorce based on the grounds of living separately and apart for at least one year. However, fault-based grounds such as adultery, abandonment, and cruelty are also recognized. Before filing for divorce, couples must undergo a mandatory separation period, adding a layer of complexity to the process. Navigating these legal intricacies requires the expertise of seasoned Charlotte divorce attorneys who can provide personalized guidance and representation tailored to each client's unique circumstances. 

Our North Carolina Divorce Services

Whether facing a contested divorce, uncontested divorce, or complex marital dissolution, our firm offers a comprehensive range of divorce services to address our clients' diverse needs:

  • Contested Divorce: In cases where spouses cannot agree on key issues such as child custody, property division, or spousal support, we provide assertive representation to protect our clients' rights and advocate for their interests in court.
  • Uncontested Divorce: For couples seeking an amicable resolution, we facilitate uncontested divorces, guiding them through the process efficiently and cost-effectively while ensuring that their rights are safeguarded.
  • High-Asset Divorce: In complex divorce cases involving substantial assets, business interests, or investments, our attorneys have the experience and resources to handle intricate financial matters and property division issues with precision and diligence.
  • Child Custody and Support: We prioritize the well-being of children in divorce proceedings, advocating for fair and workable child custody and support arrangements that serve their best interests.
  • Spousal Support (Alimony): Whether seeking or contesting spousal support, our attorneys provide skilled representation to achieve equitable outcomes that address our clients' financial needs and circumstances.
  • Mediation and Alternative Dispute Resolution: When appropriate, we explore mediation and alternative dispute resolution methods to help clients resolve conflicts outside of court, promoting cooperative solutions and minimizing conflict.

No-Fault Divorce in North Carolina 

North Carolina is a “no-fault” state. This means that either spouse can file for and ask the Court to enter a Divorce Judgment to officially and lawfully end the marriage without the consent of the other party, without the signature of the other party, and without a finding that one spouse is at fault for the end of marriage.

What is Absolute Divorce?

An absolute divorce is the process for legally ending a marriage. Before the North Carolina Court can grant your divorce, you must meet the following requirements:

  • (a) You physically separate from your spouse.
  • (b) You live separately and apart from one another with one spouse having the intent to remain separate.
  • (c) You actually live separate and apart from one another for at least 366 days.
  • (d) Either you or your spouse must be a resident of North Carolina for at least six (6) months prior to the date of filing the Complaint for Divorce.

Legal Support for Divorce in North Carolina 

Whether you are considering divorce or have already made your final decision, you are going to need an experienced legal advocate on your side. That’s where the Charlotte divorce attorney of Miller Cushing Holladay can help. With our more than 35 years of combined experience, we can help you through this difficult time by representing your interests and fighting for everything you deserve.  

Contact our Charlotte divorce attorney at Miller Cushing Holladay by (704) 810-1400 for personalized assistance!

Defining "Separate and Apart" in North Carolina Divorce Law

Many North Carolinians ask what it means to live “separate and apart” and what may and may not qualify as legal separation to begin the 366-day waiting process.

Our Courts have repeatedly ruled that to be “separate and apart,” spouses must live in separate residences from one another and one spouse must do so with the intent to remain separate and apart thereafter.

For example, sleeping in separate bedrooms or one spouse sleeping on the couch in the same home does not qualify as “separate and apart” to begin the 366-day waiting period.

What Legal Issues Must be Resolved Before Divorce Judgement?

While the process for obtaining a Divorce Judgment is often a straightforward process, the entry of the Divorce Judgment is an important event which affects legal rights and can have catastrophic repercussions if you do not plan and prepare.

Because the Divorce Judgment terminates all marital rights between the spouses, if a claim for alimony or equitable distribution has not been filed with the Court before the Divorce Judgment is entered, those claims are forever barred.

There are many factors people fail to consider when undergoing divorce:

  • Shared insurance policies will need to be separated.
  • Paying alimony will provide tax breaks, while receiving alimony must be reported as taxable income.
  • You should have your most valuable assets appraised to help you determine what is most worth fighting for.
  • You could be held responsible for debt accrued by your soon to be ex-spouse.

As Charlotte divorce attorneys, we've proven we understand the complexities of these cases. We can help you navigate the numerous pitfalls of divorce so that you are not blind sighted when the day comes to make final decisions.

Contact our Charlotte divorce attorney by calling (704) 810-1400 today to schedule your consultation!

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  • “Chris Miller and Brett Holladay were remarkable in their approach, plan and execution in my divorce case”

    - Anupam P
  • “My highest praise to Nick Cushing…. 10 stars out of 5”

    - Mei H
  • “Chris and his team were very thorough, professional and really helped in a time of need.”

    - Sara B.
  • “The ethics, personal client attention, and diligent client representation are well known within the local legal community.”

    - Jenny H.
  • “Both Kate and Brett helped me at a time when I was completely overwhelmed”

    - Evelyn P

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