Charlotte Divorce Lawyer

Charlotte Divorce Attorney

Divorce can be a messy, difficult process to handle alone. Emotions can cloud your judgment, or you may not understand the legalities of the process. You may be unaware of your rights or your legal options. No matter the situation, you deserve a fair outcome to your divorce. This is why it is wise to consult a Charlotte family lawyer in any divorce case.

How Divorce Is Related to Family Law

Family law typically encompasses many different areas related to family legal issues. Divorce is one of the areas of family law. A family lawyer can help someone going through a divorce understand the legalities of the process.

Family law also includes issues that are related to the divorce process, such as:

• Child custody
• Child support
• Adoption
• Paternity
• Division of property
• Spousal support
• Domestic violence disputes

When You Can File for Divorce in North Carolina

Every state has different laws for the divorce process. In North Carolina, a divorce is known as a dissolution of a marriage; it is also called an absolute divorce.

An individual may choose to file for divorce if at least one of the spouses has lived in the state for at least six months. The couple must also be considered legally married by the state. Additionally, the two must have lived separately for one year, and one of the spouses does not wish to remain married.

A legal separation is not required, so there is no need to have a signed separation agreement. To be considered separated, you and your spouse must live in two separate homes. This separation must also be indefinite. Keep in mind that most couples who are continuing to live in the same residence, but do not wish to pursue their relationship, are still considered legally together and not separated.

Legal Separation

Another kind of divorce, known as a bed and board divorce, is technically not a divorce. Rather, it is a legal separation that can occur when one of the parties has caused the need for such a separation. There are several factors that can be used as a credible reason for separation, such as:

• Abandonment
• Harsh treatment
• Injuries resulting from the relationship
• Adultery

Any of these reasons for separation must be proven, with adequate evidence, for a bed and board divorce to be awarded. Keep in mind that, if it is awarded, it does not dissolve the marriage. Instead, it means that you and your partner are legally separated.

Collaborative Divorces

A collaborative divorce is a different way to dissolve a marriage while avoiding long and drawn-out court proceedings. It can be a great way to find a solution for problems that are associated with divorce, such as child support, child custody, alimony, or how to divide marital property.

In this divorce process, the couple is represented by two lawyers, and they must sign a participation agreement early on. Within this agreement, everything that the couple speaks about, including their financial status, is outlined. Additionally, both spouses’ rights and responsibilities are detailed in this agreement.

After every issue has been discussed and a solution has been determined, the two attorneys can then submit the paperwork necessary to receive an official divorce decree.

One of the benefits of undergoing a collaborative divorce is that it promotes a peaceful way for the two parties to make agreements together, hopefully without any contention. It helps the couple remain friendly to each other during the negotiating period and even after the divorce is settled.

Uncontested Divorces

An uncontested divorce is a great option for couples who can come to an agreement concerning all the issues that must be decided on, such as child custody or property division. This kind of divorce gives couples the chance to avoid going to court and undergoing a lengthy litigation process.

Those who seek an uncontested divorce can save time and money and have an outcome that is mostly what they expected it to be. The process can help them remain on friendly terms during and after the finalization. Crucially, it gives the two the freedom to choose how they wish to handle issues like child support, child custody, and spousal support.

The key to success for this kind of divorce is that the couple can come to a mutual agreement. If they cannot, then the divorce may become contested.

Annulments

An annulment is a legal option that a couple can take if they wish to terminate the marriage, as if it had never happened at all. However, there are many specific requirements that dictate how an annulment can legally take place. It is a common misconception that a very short marriage, or a marriage that has not yet been consummated, is considered eligible for annulment. This is not usually the case.

Voidable marriages are usually those that qualify for annulment because they are not considered to be legal marriages. One case of an invalid marriage is if bigamy is involved. If one person tries to marry more than one person at a time, that marriage is considered illegal and invalid. Another instance would be if the couple are very close relatives.

If one or both parties are under the age of 16, that is also a voidable marriage. A misrepresentation of pregnancy can also qualify for an annulment under certain circumstances. Additionally, if an individual is unable to consent to the marriage, then that marriage is considered voidable.

To annul a marriage, one of the spouses must file a petition with the court, explaining the need for an annulment. A hearing will then take place to decide whether there are grounds for an annulment.

Mediation

Mediation is another way to help divorcing couples come to an agreement on their divorce issues. Problems involving child support modifications, child custody, and property division can be discussed and settled during mediation.

Typically, those who use mediation to resolve divorce issues save time and money, as the two can speak openly about their opinions, thoughts, and needs. It allows the two parties to have a say in the final outcome.

If the couple can reach an agreement, then it can be drafted by an attorney. The final settlement will then be reviewed and, usually, approved by a judge. If they cannot resolve their issues on their own, the couple must go to court.

Sometimes, mediation is court-ordered if the couple cannot agree on issues regarding child custody or equitable distribution during litigation.

Common Issues in Divorce

North Carolina divorce rate is growing and in most divorce cases, the spouses must either make determinations about several key issues, or the court will decide for them. These include the following.

Spousal Support

Spousal support, sometimes called alimony, is financial support that is given from one spouse to the other. A spousal support order must be determined as part of the divorce process. The court uses several factors to decide whether one spouse has a need for spousal support and if the other spouse is able to provide that support.

There are two kinds of spousal support in North Carolina:

1. Post-separation support: Also called temporary alimony, this form of financial support is for a spouse who needs additional help to maintain their previous standard of living from before the divorce began. It lasts during the duration of the divorce process or for a set amount of time as ordered by the court.
2. Alimony: This is the other kind of spousal support that can be awarded to a spouse. Unlike post-separation support, alimony is a permanent order, which states that the supporting spouse must pay the other spouse a certain amount of money, either over time or in one large payment, as part of the divorce finalization.

Some of the factors that the court uses to determine if alimony will be granted to one spouse are:

• If there was any misconduct in the marriage
• The amount of money earned by both spouses
• The age and overall well-being of the spouses
• Assets owned by the couple
• The length of the marriage
• The living standards of both spouses during the marriage
• Debts owed by the couple
• The educational background of both spouses and their capability to earn money
• Any possible tax implications of alimony
• The financial need of one spouse

Child Custody

During a divorce, a couple must keep the children’s emotional and physical well-being at the forefront, especially if the divorce is a high-conflict one. The impact of divorce on children can be devastating, but parents who work together to create a child custody agreement can help make the divorce process smoother.

There are usually two kinds of custody that may be granted. The first is physical custody, which involves determining the child’s living arrangements. This may be either awarded to both parents for joint custody, or only one parent may be awarded primary custody. If joint custody is given to both parents, then they must decide how they will share parenting time, or a judge will decide for them.

The other kind of custody that can be granted is legal custody, which allows parents the legal right to make decisions for their children, such as where they will go to school, what healthcare they will receive, and their religious upbringing.

It is important to note that one parent is not given preference over another based on their gender or any other reasoning. Instead, the court will make the decision while considering the needs and safety of the child. If possible, the court will grant joint custody so that both parents can remain part of their child’s life.

Child Support

Part of the divorce process may include determining if child support is necessary. Child support is a monthly payment, typically paid to the parent with primary care of the children, to provide financial support for meeting their children’s needs. There are several ways in which child support may be ordered in Charlotte, NC.

The couple may agree to a certain amount that they include in their separation agreement. They may also sign a voluntary support agreement, which is agreed upon by both parties and then approved by a judge, making it a legal order. It may also be created by the Child Support Enforcement Agency, or the individual wishing to receive child support may file a claim through the court.

Keep in mind that, until your children are 18 years old or graduate from high school (whoever is later), you are subject to paying child support. If your parental rights have been terminated, then you will not have to pay ongoing child support but may still be responsible for child support arrears.

Protecting Your Assets

Part of the divorce process involves splitting up the marital assets between the two parties. These assets are to be divided equitably, meaning that each spouse will be given their fair share. This does not mean, however, that the assets will be split evenly.

Marital property, or property acquired by either party during the marriage, is subject to being divided between the couple. This kind of property is anything that has been purchased or obtained during the length of the marriage, subject to a few exceptions. Separate property is property that belongs to one spouse only, as it was obtained before the marriage took place.

Divisible property also includes any property that has escalated in value after the couple has separated but before the division of property takes place. This kind of property is also subject to division between the couple.

The couple may choose to make an agreement as to how their assets will be divided. Depending on the divorce case, a judge may need to get involved if the couple cannot reach such an agreement. The judge will then use several factors to decide what assets can be equitably distributed, such as:

• Each spouse’s income, property, and liabilities
• If one spouse will be given spousal support after the divorce is finalized
• The health and well-being of the couple
• The length of the marriage
• Any retirement assets or benefits that are not considered marital property
• Tax implications of the division of assets
• The amount of money that the property is worth

If you wish to keep certain assets or want to ensure that you receive your fair share of the marital property in the settlement, then consider speaking with a divorce lawyer who can represent you and defend your rights.

FAQs About Charlotte, NC Divorce Laws

Do I Need to Prove That My Partner Committed Adultery to Obtain a Divorce in North Carolina?

No, you do not need to prove that your partner committed adultery to obtain a divorce in North Carolina. North Carolina is a no-fault state, meaning that one spouse does not have to commit a marital fault that dissolves the marriage. However, if you do have evidence that your partner committed adultery, it may help you in your case at some point.

What Are Commingled Assets, and Can They Be Split Between the Couple?

Commingled assets are those that were considered separately owned property but have been mixed with marital property. Because these kinds of assets can be considered marital property in some cases, they can be split between the couple. For this to be determined, the court must decide if the property is to be divided between the two parties.

How Long Does the Divorce Process Take in NC?

The time that a divorce process can take in North Carolina varies by each case. Generally, however, certain specifications must be met first before a divorce claim can be filed. The couple must be living separately for at least one year. Then, once the paperwork is filed and served to the other spouse, there is a 30-day waiting period that must take place before it can be finalized. This is the shortest possible time that a divorce case can last. Overall, the timeframe of a divorce case will depend on the unique factors involved.

What Is a Spouse Entitled to in a Divorce in NC?

Both spouses, no matter their gender, may be entitled to the same things in a divorce in North Carolina. They may be eligible for spousal support, and each can receive a portion of the marital assets. Assets will be distributed equitably, however, and sometimes this means that one spouse will not receive half of the assets, but rather what is considered their fair share.

Consult a North Carolina Divorce Lawyer

Divorce can be an emotionally overwhelming process to go through alone. Without a thorough understanding of divorce laws, you may become confused or unsure of your rights. If you are looking for assistance to achieve a positive outcome in your divorce, consult a divorce attorney. Contact Lehnhardt Price Family Law for help with your case.