Charlotte Divorce Attorneys & Family Law Attorneys

A party must have resided in North Carolina for six months prior to filing for divorce in Charlotte or anywhere in the state.

Is there a required waiting period in before a divorce can be granted?

In North Carolina, both parties must live separate and apart for a minimum of one year before filing for divorce. Only after this one-year period is over can either party petition the court for a divorce.

 

A divorce will not automatically be granted after the one-year requirement is over. The opposing party must be officially served, and he or she will be given 30 days to either respond to the complaint or waive the right to file. Only then can the court enter a final divorce decree.

While you cannot receive the final divorce decree, until you have been living separate and apart for one year, you can begin the divorce process even prior to separation. So it’s important to speak with a good divorce attorney prior to separating. The reason for this is that moving out of the house, leaving the state, or taking the kids with you when you leave can significantly impact your court case. We have experienced family law attorneys in Charlotte, NC. A divorce lawyer can help you navigate the divorce process, protect your rights to property and retirement, and help you achieve the results you want.

 

For a North Carolina divorce, the only exception to the one-year separation requirement is if it can be established that one party has incurable insanity, and that both parties lived separate and apart for three years.

To serve a spouse you have several options. You may serve your spouse via sheriff of the county where service is to be made, via certified or registered mail—return receipt requested or by a duly authorized person. It’s crucial that you understand how service works and that you serve your spouse using the correct method. Different methods of service are allowed for different types of pleadings. Using the wrong method of service will delay the divorce process and it can even have your case dismissed.

You may also opt to serve your spouse by publication, but only if your attempts with all other acceptable methods were unsuccessful. You may use a newspaper qualified for legal advertising in accordance with state law, and which is circulated in the area where you believe your spouse is residing in.

 

If you live in Mecklenburg County, you will need to go to file a divorce complaint with the Clerk of Court’s office in the Mecklenburg County Courthouse. If you live in Cabarrus, Iredell, Union, or another county you’ll need to file for divorce in the Clerk of Court’s office in that respective county.

 

 

While there is no requirement that you retain a divorce attorney in Charlotte for your court proceedings, it is smart to have a good family law attorney on your side. The court personnel cannot give you legal advice about your divorce case. Many people come to us after their divorce decree has been signed by the Judge not realizing that they have waived their right to seek alimony or have their property divided through equitable distribution. We have also had people sign agreements without an attorney and find out that they gave up much more than they meant to by signing the separation agreement paperwork. Consulting with a divorce attorney should help you decide whether you want to handle the process yourself or hire a good divorce attorney to handle it for you.

The Civil District Court hears all family law cases. In some counties, there are special family court divisions that where family court judges hear all of the family court cases. A major goal of the family court is to assign your case to one judge. The judge assigned to hear your case will hear all issues related to divorce, custody, child support, alimony, equitable distribution, and domestic violence. The following counties have family courts in the greater Mecklenburg County area:

• District 20B: Union
• District 25: Burke, Caldwell, and Catawba
• District 26: Mecklenburg

If your district is not listed, then your case may be heard in front of different judges who are assigned to the courtroom at the time of your hearing.

 

NC child custody laws require the judge to use the best interest of the child standard to determine custody. Therefore, Mecklenburg County Courts are required to consider the best interests of the child. The court can consider the physical and mental health of both parents, the age and health of the child involved, and each parent’s home environment, economic situation, and ability to take care of the child.

Courts show no preference for either parent when it comes to child custody. As with all other North Carolina courts, Mecklenburg County Court Judges determine child custody based on the best interests of the child.

 

In some instances, a child’s preference on who to live with may be taken into serious consideration if he or she is mature enough and is of a suitable age. The court, however, is not required to follow the child’s wishes and may opt to rule differently if it believes that the child is better off in the custody of the other parent. NC laws do not say when a child is old enough to testify in court about where the child would like to live. It is in the court’s discretion whether the judge will hear testimony from the child.

 

 

As with child support and spousal support, child custody orders can still be modified. In order to modify an existing child custody order, the court must find there has been a substantial change in circumstances impacting the minor child. A substantial change may be found when a parent frequently violates a court order, or when one or both parents experience a significant change in circumstances. The change must impact the minor child. The parent requesting the change must be able to present evidence that shows the modification is justified. A good child custody lawyer can walk you through the steps for filing for a modification of custody and the lawyer should be able to explain the Mecklenburg County Court Judge’s likelihood of finding there has been a substantial change in circumstances. Modification of custody cases are always more difficult than initial custody cases.