Charlotte Divorce Lawyer

It’s a common fact that divorce is one of life’s most difficult transitions. It can be fraught with anxiety, uncertainty, and a host of other emotions that challenge you on a daily basis as you confront the process. Divorce is an experience that affects both you and your spouse, your children, and even your extended family. You will likely have to make many and varying decisions which can cause stress over what is best for the future. 

Having a trusted guide and strong advocate as your divorce lawyer is essential. At The Nesmith Firm, our Charlotte family lawyers deal with divorce on a routine basis though no case is “routine.” Every case is unique with its own set of facts, circumstances, personalities, problems, and expectations. 

That is why we tailor our legal services to you, your needs, and your legal objectives. Since we regularly handle the divorce process for clients across the area, Our divorce attorney has developed the knowledge, skills, and resources you need for this often-formidable undertaking. 

Connect with The Nesmith Firm online or at (704) 741-7363 to arrange for a consultation with our family law attorney in Charlotte, North Carolina.

Divorce in North Carolina

In North Carolina, divorce is referred to as “absolute divorce.” North Carolina is a no-fault divorce state, which means that you do not have to prove any marital misconduct on the part of your spouse. Either you or your spouse can file for divorce as long as residency requirements are met. 

To obtain a no-fault divorce, you and your spouse must have lived separate and apart for a year with at least one of you having the intention to remain so. Separate and apart means no cohabitation during the separation period. You must live in separate residences to fulfill this requirement. You do not need your spouse’s consent to file but you must provide him or her with legal notification of the divorce petition. 

The only other option for divorce in the state is that of a spouse being declared incurably insane for at least three years along with the spouses living separate and apart for at least one year. 

The residency requirements to file for a North Carolina divorce include having lived in the state for a minimum of six months before filing.

How Does Adultery Affect a Divorce in North Carolina?

Adultery can significantly impact certain aspects of a divorce in North Carolina, particularly when it comes to alimony. Although North Carolina is a no-fault divorce state, meaning a spouse does not need to prove wrongdoing to get divorced, adultery may still be a factor in determining financial support. If the spouse seeking alimony is found to have committed adultery, they may be barred from receiving spousal support. Conversely, if the supporting spouse is the one who engaged in adultery, this could increase the likelihood of the other party being awarded alimony. Adultery can also affect how marital assets are divided, especially if it resulted in the misuse of marital funds. However, it is important to understand that adultery does not influence decisions regarding child custody, as those determinations are based solely on the best interests of the child.

To speak with an experienced North Carolina divorce attorney, contact us online or give us a call at (704) 741-7363 today.