Charlotte Divorce Attorney
Award-Winning Representation to Protect Your Future following Divorce
Not all marriages are happily ever after. If you are considering divorce, make sure you protect yourself from any consequences that could emerge later down the road. At Smith Horton Law, our Charlotte family law attorney has helped many clients to get through divorce while preserving their interests. Call today to schedule your consultation. We can go over the details of your situation to help you learn more about how to proceed.
Get started on planning your next step. Dial (704) 734-9797 now or contact Smith Horton Law online.
The Laws Surrounding Divorce
In order to be divorced from your spouse in the state of North Carolina, you must live separate and apart from one another for at least one year, with at least one of the parties having the intent to end the marriage on a permanent basis. After the year, either party may petition the court for a divorce from their spouse. At least one of the spouses must live in the state of North Carolina for at least six months in order to file for a divorce in this state. It should be noted that living separate and apart from one another does not mean living in the same household, and in different rooms. Rather, it means living at separate addresses.
There cannot be a resumption of the marital relationship during the period of separation. Although isolated incidents of sexual intercourse between the parties do not constitute a resumption of the marital relationship, a voluntary renewal of the relationship on a more extensive basis may very well suffice as a resumption of the marital relationship. The effect of such a reconciliation would mean the parties would have to start the one-year period over again if and when they separated again.
Divorce in North Carolina
North Carolina is a “no-fault” state, meaning that in the dissolution of a marriage neither party has to prove fault by the other party in order to seek a divorce.
All that is required is that:
- The parties intend to be divorced from one another
- They live separate and apart from one another for one year
- One party has resided in the state of North Carolina for at least six months
Other Aspects of Divorce
Although there are many complex issues incident to divorce (see below), obtaining the actual divorce decree from the court can be a rather straightforward process with the right advice and attorney.
You should also consider issues such as:
- Child custody
- Child support
- Spousal support/alimony
- Equitable distribution of marital assets and debts
Choosing the Right Attorney
Before filing for a divorce, it is imperative that you consult with a reputable and knowledgeable attorney so that you are advised of the process in more detail. You may want to know more about the possibility of resuming your maiden name (if applicable) and potentially preserving other claims that must be asserted before your divorce is finalized, such as equitable distribution and post-separation support/alimony.
Get started on your case by dialing (704) 734-9797 now.
Communication and professionalism was superb.- Satisfied Client
Very Fair & Reasonable in Billing- Divorce Client
I’ve had the opportunity to recommend you twice since we first connected in May/June, and will continue to share your name should someone be in need of excellent representation-counsel.- Satisfied Client