Understanding Your Options for Divorce Lawyers in Charlotte, NC


Divorce is never easy, and finding divorce lawyers in Charlotte, NC can prove challenging as well.   It is not only the dissolution of a marriage, but a process that also affects other aspects of your life. When consulting with divorce lawyers in Charlotte NC, it is important to understand your options. In North Carolina, there are several types of divorce available.

Contested or Uncontested

A divorce is considered contested or uncontested based on agreement with issues pertaining to the divorce. In an uncontested divorce, both parties have reached agreement on all issues. This is often the case when there are little or no assets, no children, and spousal support is not needed. In a contested divorce, both parties are unable to reach an agreement on these very issues as well as others pertaining to debts, businesses, and property.

Although not always necessary, you may want to have a separation agreement in place. This protects you by outlining the details on issues pertaining to the divorce such as child support and custody or spousal support. It also protects you from being sued, if the other party changes their mind about the agreement. Any of these arrangements should be handled by divorce lawyers in Charlotte NC who have the experience to advise the best option for you and your family.

Absolute Divorce

An absolute divorce ends the marriage legally created by the ceremony and certificate. In North Carolina, an absolute divorce can be granted on the basis of at least a one-year separation of the couple. Either spouse must have resided at least six months in North Carolina. Another basis for absolute divorce is incurable insanity.

No Fault Divorce

This type of divorce does not require that the spouse requesting the divorce prove that the other spouse did something wrong. A no fault divorce in North Carolina only requires that you are a North Carolina resident and that you and your spouse have been separated for at least 12 months. Although fault is not considered in the divorce, it may be considered in determining how assets are divided, spousal support, and child custody and support. It is best to have the advice of divorce lawyers in Charlotte NC, before making these critical decisions.

Divorce from Bed & Board

A divorce from bed and board is not a legal divorce but does affect you and your spouse’s rights. This type of divorce is a legal separation based on fault. Examples of situations when this can be granted is abandonment of a spouse, domestic violence, adultery, drug or alcohol abuse, and other improprieties. Some of the rights the losing spouse forfeits are the right to live with the other spouse, inheritance, and right to administer the spouse’s estate.

Mediated Divorce

Instead of pursuing traditional litigation of divorce, you have the option of divorce mediation. This form of divorce is usually less costly and has a higher rate of adherence to agreements. With this type of divorce, a mediator helps with communication between the two parties and helps to resolve differences. Mediation will typically allow the two parties to create a tailored divorce agreement for court submission. The mediators can be divorce lawyers in Charlotte NC experienced in family law or professional mediators.

Collaborative Divorce

A collaborative divorce can be much less expensive than other methods. This type of divorce facilitates negotiation between the parties with the assistance of attorneys, a financial specialist, or divorce coaches. There are no completion time limits but you need to be aware of the consequences if the process ends without a resolution. The lawyers involved cannot represent the parties in a legal proceeding and any information and documents transferred in this process can be used in later legal proceedings.

If you are considering a divorce, consult with divorce lawyers at Emblem Legal in Charlotte NC. They can help you decide which process will work for your case. Knowing your options can work in your best interests and make a difficult process a little easier.

Emblem Legal has experienced attorneys who are familiar with all divorce options and can guide you through the required steps, depending on your circumstances. It is a much easier process when you have professionals with whom you can consult and who can offer the best legal advice to help you and your family through this emotional time. They are the divorce lawyers in Charlotte NC that you should call when you have these decisions to make.