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Charlotte Divorce Lawyer

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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:

  • 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 separation, numerous issues may need to be addressed, either by agreement between the parties or through court action. These might include post-separation support, alimony, child support, child custody & visitation, and 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.

People often wonder whether an annulment is an option for marriages that have lasted a very short period of time, as the one-year separation requirement sometimes means that a married couple spends more time separated while awaiting divorce than they actually spent married. However, an annulment is not an option unless one of the following factors applies:

  • Spouses discover they are of closer relation than first cousins; or
  • One spouse was under the age of 16 at the time of the marriage; or
  • One spouse was impotent at the time of the marriage; or
  • 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, as the marriage is automatically void as a matter of law.

PROCESS FOR 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.

Schedule a Consultation with Our Charlotte Divorce Attorney

Contact the Law Office of Kelli Y. Allen, PPLC 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 today.

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Law Office of Kelli Y. Allen, PLLC

10150 Mallard Creek Rd, Suite 105
Charlotte, NC 28262

Phone: (704) 870-0340

Regular Hours
  • Monday - Friday 9:00 Am - 5:00 PM
  • Saturday & Sunday Closed

Also available by Text (704) 727-4310 or Live Chat

Service Area:

Charlotte and surrounding areas.