At McIlveen Family Law Firm, we understand that divorce and child custody are two of the toughest challenges an individual can deal with. We know that with so much on the line, it is crucial to work with someone you can trust to protect your rights and best interests.
The family law attorneys at our Charlotte, North Carolina office will work tirelessly to help you through this difficult time in your life and help you obtain the most advantageous results possible.
Our legal team will utilize our decades of experience and vast knowledge of family law to help you with concerns involving divorce, child custody, child support, alimony, mediation, prenuptial agreements, separation agreements, property division, grandparent’s rights, domestic violence or any other family law related matter.
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FAQs on Charlotte Divorce
What Is An Absolute Divorce?
An absolute divorce is the dissolution of the marriage bonds created by the wedding ceremony. This type of divorce has several implications, such as a party no longer being allowed to make further claims for property division or alimony. Note that absolute divorce has no bearing on child custody or child support rights. These rights remain with a parent, irrespective of his or her marital status.
Other implications of an absolute divorce include the divorced parties being allowed to remarry, the change of tax status when filing a return, and a party being legally removed from the inheritance of his or her ex-spouse.
How long must I live in Charlotte to file for divorce?
A party must have resided in North Carolina for six months prior to filing for divorce in Charlotte or anywhere in the state.
Is there a required waiting period in before a divorce can be granted?
In North Carolina, both parties must live separate and apart for a minimum of one year before filing for divorce. Only after this one-year period is over can either party petition the court for divorce.
Will my divorce be granted right away?
When should I contact a Charlotte divorce lawyer?
Are there exceptions to the one-year separation requirement?
How do I go about serving my spouse in Charlotte?
To serve a spouse you have several options. You may serve your spouse via sheriff of the county where service is to be made, via certified or registered mail—return receipt requested, or a duly authorized person.
You may also opt to serve your spouse by publication, but only if your attempts with all other acceptable methods were unsuccessful. You may use a newspaper qualified for legal advertising in accordance with state law, and which is circulated in the area where you believe your spouse is residing in.
Where do I file for divorce in Mecklenburg County or elsewhere in the Charlotte-Concord-Gastonia Metro Area?
FREE North Carolina Divorce Guidebook
- Understanding the Legal Process
- Child Custody
- Child Support
- Money Issues
- Pitfalls for Military Spouses
- Separation Agreements
- Psychological Considerations
- When Do I Need to Get a Lawyer
Written by Angela McIlveen the Guidebook is meant to give you an overview of NC divorce law in words you can understand (not legalese). It will explain some options, and in general help you prepare for divorce.