Charlotte Divorce Lawyers

What Are My Options for Divorce in NC?

In North Carolina, there are two types of divorces: absolute divorce and bed and board divorce.

Absolute Divorce

An absolute divorce results in the legal dissolution of your marriage. 

In an absolute divorce, you will no longer receive the same benefits that you did when you were married. However, you will be able to remarry after getting an absolute divorce. A couple must live separately and apart for at least one year prior to filing, and one spouse must have lived in North Carolina for at least six months prior to filing, regardless of where the couple was married.

If the couple has children or complex assets, they may opt for a separation agreement to begin making agreements that carry over to when they file for divorce.

Divorce from Bed and Board

Unlike an absolute divorce, divorce from bed and board will not fully dissolve your marriage. 

Divorce from bed and board is similar to a legal separation in other states. You will be unable to pursue remarriage and will remain legally linked to your spouse. There is not a required separation period for divorce from bed and board.

An individual can file for divorce from bed and board if:

• The family is abandoned by one party
• One spouse commits adultery
• One spouse has a drug or alcohol abuse problem
• One spouse commits “cruel and barbarous” acts
• Any other indignities

A divorce from bed and board is a form of fault-based divorce, which means that you may need to prove the fault you select when you pursue the divorce. Even though this is a fault-based divorce process, the marriage will not be entirely dissolved, as discussed above.

The Divorce Process in North Carolina

Once you hire a divorce attorney and determine the type of divorce you wish to pursue, your attorney will guide you through the process from there. You will need to file for divorce and pay the $225 filing fee for an absolute divorce, if that’s what you choose to pursue.

From there, you will serve your spouse the divorce papers either by mail or through the Sheriff’s department and begin preparing for the evaluation of your assets and the creation of agreements about significant issues like:

• Child custody
• Child support
• Spousal support
• Division of property

The divorce will end when the judge issues a final judgment and you and your spouse sign a decree of divorce.

Is a Lawyer Required to File for Divorce?

While no law requires that you retain legal representation to file for divorce, there are many benefits to doing so. First, you want someone who will align your goals with what is attainable and realistic. Divorce is an emotional time, and our attorneys ensure your best interests are protected by taking actions that are based on facts and concrete details. The law can be incredibly complex, especially if children or high-assets are involved. Having a divorce attorney available can provide you with clarity on verbiage associated with statutes, court orders, etc. Often, the emotions stemming from divorce can lead to bickering between you and your spouse. Our lawyers can act as a means as communication so that you can concentrate on other matters. Lastly, we streamline the processes so that you can avoid potential litigation. This saves both time and money in the long run.

Why You Never Want to Get a “DIY” Divorce

Because divorce is relatively common these days, many people believe they can do everything themselves and save on the cost of a divorce attorney. Unfortunately, many people don’t realize how complicated the divorce process in North Carolina can actually be.

They tend to be more expensive

Attorneys are one of the largest expenses associated with getting a divorce, so not hiring one will save you money, right? In reality, this is far from true. Our divorce attorneys in Charlotte, NC understand the law inside and out and will work to get you the best possible outcome. 

If you were to make a mistake or forget to include something in your final agreement, you could have to enter a drawn-out court battle in order to have the matter corrected. Even worse, some matters can’t be changed once a judge signs off on them.

You may get less than you deserve

Even in an uncontested divorce, one spouse can attempt to take more than their share of assets and savings. Without an experienced divorce lawyer by your side, you may sign off on an unfair agreement that leaves your financial future in jeopardy.

Your emotions can drive you to make irrational decisions

An attorney will look at the details of your case unbiasedly. This helps them to come to a conclusion that’s in your favor. If you’re emotional and eager to get your divorce over with, you may be tempted to sign an agreement that isn’t in your favor.

They’re incredibly time-consuming

It might be called “filling for divorce” but a divorce requires so much more than just one piece of paper. Child custody matters, asset division, and alimony all need to be discussed and agreed upon. If you’re a business owner or undergoing a high net-worth divorce, you have even more matters to address. It's crucial to have a divorce lawyer in Charlotte, like those at Blood Law, advocating for your rights.