Charlotte Divorce Lawyer
Personalized Divorce Legal Services & Experienced Representation
Even an uncontested divorce can become fraught with legal issues. If you are divorcing in North Carolina, our divorce attorneys can help you. We can assist you with any aspect of your divorce, including child custody, equitable property division, and more. Our family law attorneys can also help you if your divorce involves domestic violence.
You do not need to handle your divorce without help. Reach out to the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340 to get started on your case. Our divorce attorneys in Charlotte, NC are ready to speak with you.
What Are The Grounds For Divorce In North Carolina?
In North Carolina, the primary ground for divorce is no-fault, requiring spouses to live separately for at least one year with the intent to remain apart. Additionally, divorce can be sought on the basis of incurable insanity, which demands a three-year separation period and proof of the condition.
Divorce in North Carolina
North Carolina is a no-fault divorce state. This means that anyone can file for divorce without having to prove that either spouse has caused the marriage to fail.
Prior to filing for divorce:
- You and your spouse must have been living separate and apart for at least one year
- At least one of you must intend that the separation be permanent
- You or your spouse must have been a resident of North Carolina for at least 6 months
During the one-year legal separation, numerous issues may need to be addressed, either by agreement between the parties or through court action.
These issues might include:
- Post-separation support
- Alimony
- Child support
- Child custody
- Visitation
- Division of property
It is important to ensure that these issues are resolved, or at least pending before the court prior to a final divorce decree.
Obtaining an Absolute Divorce
After you and your spouse have been separated for a year, one of you must file a complaint for absolute divorce with the clerk of court in the county in which you or your spouse reside. The complaint is then filed on your spouse. Your spouse then has 30 days to respond to your complaint.
If the divorce is uncontested and there are no outstanding issues such as child support or alimony, your spouse may not respond. At the end of the 30 day response period, a court date is scheduled. Once the judge signs the order for absolute divorce, you are no longer legally married.
Whether you have questions or you're ready to get started, our legal team is ready to help. Complete our form below or call us at (704) 870-0340.
Annulling a Marriage
In some cases, the one-year separation requirement means a married couple spends more time separated while awaiting divorce than they actually spent married. People often wonder whether an annulment is an option for marriages that have lasted a very short period of time.
However, an annulment is not an option unless one of the following factors applies:
- Spouses discover they are of closer relation than first cousins
- One spouse was under the age of 16 at the time of the marriage
- One spouse was impotent at the time of the marriage
- One spouse was incompetent at the time of the marriage
If an annulment is granted, the marriage is void, and it is as if you were never legally married.In the case of a bigamous marriage (one spouse was already legally married) there is no need to file for an annulment. The marriage is automatically void as a matter of law.
The Emotional and Financial Aspects of Divorce
Divorce is not just a legal process; it can also be an emotional and financial journey that impacts your life in many ways. At the Law Office of Kelli Y. Allen, PLLC, we believe that understanding these aspects is crucial for a smoother transition. Our compassionate approach ensures that you are supported every step of the way, both legally and emotionally.
Here are some key points to consider:
- Emotional Support: Navigating a divorce can be overwhelming. We provide resources and referrals to counseling services to help you manage the emotional challenges.
- Financial Planning: Understanding the financial implications of divorce is essential. We can connect you with financial advisors who specialize in divorce to help you create a sustainable plan for your future.
- Asset Division: Knowing how assets will be divided can significantly impact your post-divorce life. Our team will guide you through the process to ensure a fair distribution based on North Carolina laws.
- Child Custody and Support: If children are involved, the emotional stakes are even higher. We prioritize your children's best interests while advocating for your rights as a parent.
- Long-Term Implications: A divorce settlement can affect your financial situation for years to come. We will help you understand the long-term implications of your decisions today.
Our goal is to empower you with the knowledge and resources you need to make informed decisions during this significant life change. Contact Law Office of Kelli Y. Allen, PLLC to discuss how we can help you navigate the complexities of divorce with confidence.
Comprehensive Divorce Services in Charlotte, NC: Local Insights
Navigating a divorce in Charlotte presents unique challenges, whether your situation is contested or uncontested. At the Law Office of Kelli Y. Allen, PLLC, we understand our local community's specific needs and concerns. We are here to provide comprehensive support throughout your entire divorce process.
Charlotte, the largest city in North Carolina, has its own set of local regulations and resources that can impact your divorce proceedings. For example, you will file your complaint for absolute divorce at the Mecklenburg County Courthouse. Additionally, resources such as the Mecklenburg County Child Support Enforcement Office can assist with child support and other related issues that may arise during your separation.
One common pain point for Charlotte residents is managing the high cost of living, which can complicate financial arrangements during a divorce. Our attorneys are skilled at addressing these concerns and ensuring a fair and equitable division of property and financial support. We also understand the importance of maintaining stability for your children and work diligently to establish favorable child custody and visitation arrangements.
You need a legal team to keep pace in a bustling city like Charlotte, where life moves quickly. Whether you're dealing with post-separation support, alimony, or any other aspect of divorce, we are committed to providing timely and effective legal solutions.
Contact an experienced Charlotte divorce attorney at our firm to schedule a consultation. Let us provide you with the support and guidance you need to achieve a favorable outcome during this challenging time.
Schedule a Consultation Today
Contact the Law Office of Kelli Y. Allen, PLLC if you require legal representation in a divorce or family law case. During your consultation, our Charlotte divorce lawyer can listen to your personal story and thoroughly explain your legal options. With her guidance, you can secure a favorable marital settlement agreement that reflects your financial needs and legal objectives.
Contact the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340 to schedule a consultation.
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