Going through a divorce is emotionally challenging enough, and the legal process only compounds it. Divorces can last several months, requiring hours of paperwork and high-stakes decisions.
You do not have to struggle with legal paperwork or worry that you are not properly advocating for your best interests. A Charlotte divorce lawyer from Melone Hatley, P.C. will help you through this difficult time.
Our lawyers have handled thousands of divorce, child custody, and child support cases. Call us today to learn how our Charlotte family lawyers will help you.
Our Charlotte Divorce Attorneys Help With Various Legal Matters Involving Divorce
Divorce is never easy, especially when there are children, marital property, or other assets involved. Legal matters escalate quickly and become tumultuous, putting plenty of stress on your family as you negotiate with your spouse.
An experienced divorce lawyer in Charlotte from our firm will advocate for your rights and fight to achieve your specific goals. We take the time to tailor our legal approach to your unique circumstance and provide dedicated, personalized representation.
At Melone Hatley, P.C. is here to empower you to move forward after your divorce is finalized, settling issues such as child custody, child support, alimony, property division, and other legal issues associated with your divorce.
Requirements for Divorce in Charlotte, North Carolina
In North Carolina, to be eligible to file for a divorce, or “absolute divorce,” you must meet specific criteria. Per G.S § 50, the primary criteria for obtaining a divorce in Charlotte, NC, include:
- You and your spouse live in separate homes for a year plus one day.
- At least one of you sought a permanent separation when you began to live separately.
- You or your spouse currently live in North Carolina and have lived in the state for a minimum of six months before pursuing a divorce.
As long as you meet these conditions, you can file for divorce even if your spouse disputes it. Your spouse does not have to complete any paperwork, sign forms, or even attend court hearings relating to the divorce. You must, however, issue proper legal notice when filing for divorce.
Our divorce attorneys in Charlotte will help you through the filing process, submitting all the necessary forms in a timely manner.
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Our Charlotte Lawyers Will Explore Your Potential Grounds for File for Divorce
North Carolina law stipulates there are only two grounds for which you can file for divorce. As a no-fault divorce state, any separation requirement is non-negotiable, even if a type of fault, such as alienation of affection or domestic violence, is proven.
Separation
While separation is required to be eligible for a divorce in North Carolina, you do not need to file a legal temporary separation agreement.
Suppose you and your spouse have been “separate and apart” and meet the requirements mentioned above in accordance with North Carolina legal processes. In that case, you can file for divorce once a year and a day from the time you and your spouse are no longer cohabiting.
Our Charlotte separation lawyers will help you understand your legal options regardless of where you currently are in the process.
Incurable Insanity
Even though North Carolina is a no-fault divorce state, there is one exception. G.S. § 50‑5.1 allows incurable insanity as grounds for divorce. To qualify, you still must live separately and apart from your spouse for three consecutive years due to their mental health condition.
You do not need to demonstrate that you have been separated for one year already. Generally, to obtain incurable insanity as grounds for divorce, you must provide evidence that your spouse suffers a condition and has been confined or examined for three consecutive years.
The law is very specific about how to present evidence for incurable insanity grounds in divorce. For example, one spouse must also have lived in North Carolina for at least six months. Our Charlotte family attorneys will provide the legal advice you need and determine if you qualify to file for divorce on these grounds.
Our Charlotte, NC, Lawyers Will Explore Your Options for a Collaborative Divorce
Another option many estranged spouses pursue is collaborative divorce under G.S. § 50‑70. This legal option empowers couples to negotiate the terms of their divorce decree without lengthy court battles.
This divorce law allows you to use a combination of resources, such as mediation and negotiation, both of which can help you come to an agreement with your spouse on issues such as child custody, child support, spousal support, property division, and debt division.
For the collaborative divorce process to succeed, both you and your spouse must be committed to the process to ensure it goes smoothly. Alternatively, if your marriage has a history of domestic violence or other legal issues, collaborative divorce may prove too difficult.
Our Family Law Attorneys Always Put Your Best Interests First
Pursuing a collaborative divorce does not mean we will not advocate for your best interests and financial future. If you and your spouse are willing to enter divorce mediation and negotiation as an alternative to going to court, you could come to a mutual agreement.
Melone Hatley, P.C. always has your back. Our experienced family law attorneys will meet with you privately to confer about your preferences before entering discussions with your spouse or their legal representation.
Our Charlotte Attorneys Will Explain How Alienation of Affection May Apply to your Divorce Case
North Carolina is one of the only states that recognizes alienation of affection in tort law. While alienation of affection is not grounds for divorce in Charlotte, you can sue a third party for wrongful acts that stole your spouse’s affection under G.S. § 52‑13.
Potential defendants you can bring a case against for alienation of affection in North Carolina include affair partners (which does not need to include sexual affairs) or meddling in-laws. To have a case, you must prove:
- You and your spouse had a valid marriage with genuine love and affection, and the wrongful and malicious behavior of a third party caused the deterioration of your marriage.
- The actions of the third party occurred prior to the separation of marriage.
- The alienation caused you damage, such as your lost marriage, depression, economic losses, and any other valid complaints relating to the actions of the third party.
Alienation of Affection Requires Evidence
Our Charlotte, NC, divorce lawyer may present evidence of a loving marriage in the form of photos, videos, letters, cards, and other documents.
You may also provide proof with detailed descriptions of special things you and your spouse shared, such as regular meals, surprises, gifts, and other actions that show affection. The testimony of family and friends who witnessed behaviors consistent in a happy marriage will also support your case.
You will also need to prove that a person intervened in your marriage and that people intervening in your marriage caused damage to your marriage. Proof of this nature could include text messages, video recordings, letters, emails, or third party witness statements from family or friends.
To have a successful alienation of affection case, you must prove your marriage would still be intact if not for the interference of the third party. Successful alienation of affection cases are rare. Our Charlotte attorneys will help you navigate the complex proof required to prevail.
What Will the Judge Consider in Deciding How to Divide Property?
In most divorce cases, a judge starts with equitable distribution (50/50), a legal claim for the equitable division of property, all assets, and debts acquired during the marriage. A 50/50 decision is not a given.
Assets acquired before your marital relationship are generally considered “separate property” and not divided. You and your spouse are, however, permitted to lay claim to certain assets based on “active increases in value during the marriage.”
A judge typically takes into account the health, age, debt, income, earning power, and property of you and your spouse, along with the length of your marriage, before deciding on property distribution.
Distribution of property can quickly become complicated, but our Charlotte spousal support lawyer will advocate for your best interests in court.
What Is the Difference Between a Prenuptial Agreement and a Postnuptial Agreement in North Carolina?
Many couples establish agreements on how assets are divided in the event of a divorce (or death). In North Carolina, both a prenuptial agreement and a postnuptial agreement are legal documents people can draw up should they decide to establish a formal agreement.
Prenuptial Agreements
A prenuptial agreement is a document signed before marriage that outlines how marital assets would be divided if you and your spouse divorce.
People often choose prenuptial agreements in second marriages if they want to preserve assets for their children born from an earlier marriage. Others who come into the relationship with substantial assets, such as a home, a business, or other financial accounts, may want to ensure it stays with them if the marriage were to end.
Postnuptial Agreements
Less common than prenuptial agreements, postnuptial agreements address many similar issues. The difference is that you and your spouse sign the document after your marriage takes place.
Circumstances that may warrant a postnuptial agreement include separating from your spouse with the intention of working to reconcile any differences. These documents protect each of you and remove any potential arguments down the road because they clearly define the responsibilities and expectations.
Both documents are validated and notarized with both your and your spouse’s physical signatures.
Our Charlotte, NC, Divorce Lawyers Will Help With Child Custody Issues
North Carolina distinctly separates physical child custody from legal child custody. In divorce cases, judges consider various factors when determining who gets child custody.
Physical Custody
Physical custody orders occur when a judge determines where your child will physically reside, and the custodial parent assumes responsibility for your child’s daily care. In certain circumstances, a judge may award equal physical custody to both parents to share if it is deemed to be in the best interest of your child, meaning your child spends split time in both households.
Legal Custody
Legal custody determines which parent has control over making decisions relating to your child’s well-being, including health, school, and religion, along with any other considerations. Legal custody is separate from physical custody and does not necessarily align with where your child physically lives.
The court may grant legal custody to both you and your spouse. A parent granted visitation rights may still have an equal say in the upbringing of their child if the court decides so.
How a Judge Decides Child Custody Matters
If child custody disputes arise, a judge will weigh many factors when rendering a decision, including:
- Your child’s age, health, and needs
- Parental wishes regarding custody
- Your and your spouse’s living arrangements
- Your and your spouse’s willingness to encourage their child’s relationship with the other parent
- You and your spouse’s capacity for parental responsibility for childcare, including your child’s physical and mental health
- History of domestic violence or protective orders (if any)
While a judge may include your child’s preferences if they have reached “the age of discretion,” this opinion does not sway a judge’s decision. They will ultimately prioritize your child’s best interests.
Who Decides Which Spouse Receives Alimony in a Charlotte Divorce Case?
During North Carolina divorce proceedings, a judge decides whether alimony is warranted. State law does not provide a formula for calculating alimony, so judges take into account the same factors as splitting assets. In fact, alimony is often not awarded. In cases where a judge might award spousal payments, the following is considered:
- Earning power of each spouse
- Length of the marriage
- Reasonable needs of the spouses
- The ability of one spouse to pay alimony
- The dependent spouse’s educational background
- Any potential marital misconduct
The decision typically depends on each spouse’s financial situation and whether or not they are in a position to support themselves independently. If one spouse’s earning power is significantly higher than the other, the court will consider this.
The Benefits of Hiring a Charlotte Divorce Attorney
You can choose to represent yourself in court, but it is typically not an advantageous decision, especially if disputes regarding important issues fester during the divorce. Our lawyers offer the following:
- Extensive experience with various aspects of divorce cases
- Knowledge of North Carolina divorce law
- Objective advice not driven by emotion
- Protection from common mistakes often made during divorce
- Advocacy and dedication to your best interests and financial future
If your spouse has a divorce lawyer, you do not want to face your case without legal representation. Our client testimonials demonstrate how dedicated we are to helping our clients.
Call Us for Help From Our Experienced Divorce Lawyers in Charlotte
There’s much at stake when making decisions during divorce proceedings. You do not want to regret a choice that has lasting consequences on your family’s future. Our Charlotte, North Carolina, divorce attorneys at Melone Hatley, P.C. will help you finalize your divorce.
We are a woman-owned family law firm that assigns an entire team of attorneys to our clients’ cases. Call Melone Hatley, P.C. to speak with a Client Services Coordinator during a free initial consultation. You can also complete our online contact form. We will explain more about how our legal team will help.
