Charlotte Divorce Attorney

Helping Clients in Mecklenburg County and Union County

At Collins Family Law Group, our Charlotte divorce lawyers have the knowledge and experience that you can count on to guide you through the divorce process. We understand that the end of a marriage is an emotional and challenging experience. We are here to help you through it, every step of the way. Our goal is to provide you with the information you need to make the best possible decisions for yourself and your family.

To schedule a consultation with a divorce attorney in Charlotte, please call us today at (704) 289-3250 or contact us online.

What is Divorce?

A divorce, also known as dissolution of marriage, is a legal process that terminates a marital union, thereby canceling the legal duties and responsibilities of marriage between the parties. Divorce laws vary from one jurisdiction to another, including within the United States. Here's an overview of divorce laws in North Carolina:

North Carolina is a "no-fault" divorce state, meaning that neither party needs to prove fault or marital misconduct to obtain a divorce. The only requirement is that the couple must have lived separately for at least one year before filing for divorce.

The separation period in North Carolina is one year. This means that spouses must live separate and apart for at least one year continuously before they can file for divorce. Living "separate and apart" typically means living in different residences and not engaging in marital relations.

How to File for Divorce in Charlotte, NC

Filing for divorce in Charlotte, North Carolina, follows a similar process to filing for divorce in other parts of the state. Here's an overview of the steps involved in filing for divorce in Charlotte:

1. Meet Residency Requirements: Before filing for divorce in Charlotte, at least one spouse must meet the residency requirement, which typically involves living in North Carolina for at least six months before filing.
2. Prepare the Necessary Forms: The first step in filing for divorce is to prepare the required legal forms. These forms typically include a Complaint for Absolute Divorce, which outlines the grounds for divorce and the relief sought, and other documents such as a Civil Summons and Domestic Civil Action Cover Sheet.
3. File the Forms with the Court: Once the forms are prepared, they must be filed with the appropriate county court in Charlotte. In Mecklenburg County, where Charlotte is located, divorce cases are handled by the Mecklenburg County Clerk of Superior Court.
4. Serve the Other Spouse: After filing the divorce papers with the court, the next step is to serve the other spouse with a copy of the filed documents. This is typically done by a sheriff, certified mail, or by a private process server.
5. Wait for Response: After being served with the divorce papers, the other spouse has a certain amount of time to respond. In North Carolina, the responding spouse generally has 30 days to file a response with the court.
6. Negotiate Settlement or Attend Mediation: Once both spouses have filed their initial paperwork, they may choose to negotiate a settlement agreement regarding issues such as property division, child custody, and support. If needed, they may also attend mediation to help resolve any disputes.
7. Attend Court Hearings: If the spouses are unable to reach a settlement, or if there are contested issues that cannot be resolved through mediation, the case may proceed to court hearings. During these hearings, a judge will hear evidence and make decisions on contested issues.
8. Finalize the Divorce Decree: If the spouses reach an agreement or if the court issues a judgment on the divorce, a final divorce decree will be issued, officially terminating the marriage.

Individuals considering filing for divorce in Charlotte to consult with a qualified family law attorney who can guide them through the process and ensure their rights and interests are protected. Additionally, each case is unique, so specific steps and requirements may vary depending on the circumstances involved.

How to Choose the Right Divorce Attorney in Charlotte

Choosing the right divorce attorney in Charlotte is an important decision that should not be taken lightly. You need an attorney who has the knowledge, experience, and resources to handle your case. You also need an attorney who you can trust and feel comfortable with.

At Collins Family & Elder Law Group, we understand that navigating the complexities of divorce in Charlotte can be overwhelming. Our team of experienced divorce lawyers is here to provide compassionate support and expert guidance every step of the way. From filing the initial paperwork to negotiating settlements and representing you in court, we are committed to protecting your rights and helping you achieve the best possible outcome for your future. Let us handle the legal complexities of your divorce so that you can focus on moving forward with confidence.

Contact us today at (704) 289-3250 to request a consultation.