Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Charlotte is a city known for being the birthplace of NASCAR and one of the top three financial hubs in the U.S.. In addition to its historic charm and deep history, North Carolina’s largest city is also home to some of the best divorce lawyers in the state. If your marriage has hit a breaking point, you have a wealth of divorce lawyers in Charlotte to choose from.
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Best Divorce Attorneys in Charlotte, NC
Compare Top Divorce Attorneys
Filing For Divorce in North Carolina
Attaining a divorce in North Carolina may seem overwhelming at first, but the process follows well-structured steps and understandable legal principles. To help you comprehend the divorce process, the relevant laws and procedures, and understand what your requirements are, below is some important information.
North Carolina Divorce Requirements
To be able to file for divorce in North Carolina, a number of requirements need to be met. For starters, either you or your spouse must currently live in the state and must have lived in the state for at least six months prior. Which state you were married in is not relevant.
Couples also must show they have been separated for at least one year and one day. To be considered separated in North Carolina, couples must live in separate homes and at least one of them must have intended for their time apart to be permanent.
To begin the divorce process, one spouse needs to submit a complaint to the court stating the facts of the matter and why they want a divorce. If they are planning on applying for spousal support or property distribution, these requests—and their relevant facts—must be included.
Types of Divorce and Separation in North Carolina
North Carolina is one of a number of strictly “no-fault” divorce states, meaning that neither party is considered to be at fault for the marriage’s breakdown. There are only two types of grounds for divorce, as defined below:
- Separation: Both parties have been separated for at least a year, with one of spouses intending it to be a permanent separation.
- Incurable insanity: One spouse is deemed to be insane by a judge or is institutionalized, and the parties must have been separated for at least three years due to the mental health condition. Two speciality doctors must also testify that the spouse with the condition is “incurably insane”.
Couples can opt for either a contested or uncontested divorce, depending on their circumstances. An uncontested divorce occurs when both parties agree on all issues, whereas a contested divorce involves disagreement and typically requires a court hearing.
Child Custody, Support and Visitation in North Carolina
As with every other state besides Massachusetts, North Carolina’s child custody laws follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which allows for joint visitation, grandparent visitation rights and taking the wishes of the child into consideration when determining where they will stay after a divorce. A judge will also take into account numerous other factors including:
- Domestic violence history
- Child’s safety
- Child’s relationship with each parent
- Each parent’s ability to care for the child
Child support is a separate issue, and parents have a number of different options—some more adversarial than others—as shown below. Any child under the age of 18 must be financially supported by a parent, unless their parental rights have been terminated.
- Agreed amount: Parents can agree on a specific amount to pay to the child in a separation agreement.
- Voluntary support: Parents, along with a judge, can sign a voluntary support agreement (VSA) outlining how the child will be financially cared for.
- Child Support Enforcement Agency (CSE): Financial support can be arranged through the CSE, now known as Child Support Services.
- Civil claim. The individual requiring child support can file a civil complaint to ensure child support is received.
Property Division in North Carolina
After a spouse has requested that marital property (property obtained or acquired during the marriage) to be divided by the courts, if the parties cannot agree, a judge will divide marital assets according to a number of different factors. TAny property acquired prior to the marriage is separate property and may not be divided between spouses.
For example, if one spouse purchased a car before they were married, and they are the sole registered owner, that asset is considered non-marital property. If a vehicle was purchased during the marriage, that would likely be considered marital property.
When deciding how to equitably divide assets, a judge will not necessarily split assets evenly but will review a number of factors. These may include:
- The income of each spouse
- The duration of the marriage
- The needs of each spouse, including whether they are paying child support
- How liquid or illiquid the couple’s assets are
Alimony, or spousal support, does not follow a specific formula in North Carolina. Typically, when a spousal support claim is brought before a judge, they assess the facts to determine how much support is appropriate–if any. That said, a spouse who is financially dependent upon their spouse and in need of financial support is entitled to alimony.
Filing and Serving Your Divorce Papers
To file for divorce, you likely need to file the following forms with your clerk of court of your relevant county, though your circumstances may warrant different documents:
- Complaint For Absolute Divorce
- Summons
- Domestic Civil Action Cover Sheet
- Affidavit attesting whether your spouse was in the military
The North Carolina Equal Access to Justice Commissionl has a free Divorce Packet that contains all of the necessary documents for an absolute divorce. Note, however, that these documents assume you will not be filing for child custody, alimony or equitable distribution of property. If you have questions about these forms, it is best to contact a divorce attorney.
Once the correct forms have been completed, the complaint and summons need to be served on your spouse. You can pay a fee to have a sheriff serve the documents or send them via certified mail, FedEx or UPS. Simply giving the documents to your spouse does not count as legal service. If your spouse agrees to the documents, they can sign an Acceptance of Service, which completes the service process. If you cannot locate your spouse, you may have the option of publishing the documents in a newspaper—certain stipulations may apply.
Finalizing Your Divorce
After all documents have been completed and your spouse has been served, there is a 30-day waiting period allowing your spouse to respond. If they respond by filling out an Answer or Waiver and Answer or do not respond within the 30 day period, you can then go to court for a final hearing.
At the hearing, you are required to bring a completed Judgment for Absolute Divorce and Certificate for Absolute Divorce to the judge. You will also be asked to provide your testimony proving that you followed the required divorce process and meet the requirements for a legal divorce. Usually, if everything was done correctly, the judge will approve the divorce the same day.
If your spouse does respond, then your case will proceed to a trial, unless you can reach a settlement before your trial date.
How Can an Attorney Help You?
A divorce attorney explains what your options are for divorce and whether they are suitable for your situation. They will also assist you by collecting and filing the proper government forms, preparing various agreements as needed and point you to experts in other fields—such as property valuators—to ensure you receive what you are owed from the divorce.
Though a competent attorney is an asset for many divorces in North Carolina, not all divorces require a lawyer. If you and your spouse are amicable and can agree regarding the divorce, you may not require legal representation and may be able to use an online divorce service. Choosing to consult with an attorney to answer any questions you may have and review documentation may give you peace of mind.
How to Find the Best Divorce Lawyer in Charlotte, NC
Charlotte has hundreds of skilled divorce lawyers who can help with your divorce, but finding one who is right for your unique situation is not necessarily easy. Here are a few characteristics to look for in a divorce lawyer.
- Compassionate: Going through a divorce is an emotionally tumultuous time for all parties involved, regardless of the complexity. Finding a lawyer who is empathetic to your situation and willing to hear you out could make things go much smoother.
- Experienced: Look for divorce attorneys who have track records specific to your situation. For instance, if you’re a high-net-worth individual then seeking out an attorney who has strong results in property division disputes is a good idea. Lawyers with decades of experience will also have a network of trusted professionals and colleagues to further strengthen your case.
- Communicative: Divorces can involve many different steps, each with varying complexity. An attorney who is open to discussing your case and answering any questions you may have is a boon worth pursuing.
Methodology
To come up with the best divorce lawyers in Charlotte of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
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Frequently Asked Questions (FAQs)
Do you need to be separated for one year to get a divorce in Charlotte?
Yes. North Carolina is a “no-fault” divorce state and the no-fault option requires that any individuals wishing to get a divorce must be separated from their spouse for at least one year and one day prior.
How long does a divorce in Charlotte take?
The timeline for a divorce to be completed depends upon the complexity of the case, such as whether the parties can agree on things such as child custody, alimony, property breakdown and asset distribution. Generally, an uncontested divorce takes anywhere from two to three months to complete, but a contested divorce could take years.
Is marital property always divided 50-50?
North Carolina law does not assume a 50-50 property division and instead the court makes decisions based on what is equitable or fair for both parties.The judge will review a number of factors—including income, properties, debts, age, etc.—to determine how to divide a couple’s assets.
