Divorce Lawyer in Charlotte, NC
Ending a marriage is not an easy decision, whether or not kids are involved. If you need a divorce attorney in Charlotte, we can help you through this difficult process.
Our law firm serves clients in North Carolina in areas like Union County, Cabarrus County, Gaston County and Mecklenburg County. We know that the right divorce attorney can make the separation or divorce process much easier and less painful for the whole family, and that’s what we strive to do.
What Is the Difference Between Divorce and Separation?
In both divorce and separation, couples cease to cohabit and have separate financial obligations. In addition, both arrangements offer legal oversight of custody of children, spousal support, and management of debts.
However, divorce is a legal dissolution of your marriage, while a separation puts a hold on your marriage.
Couples choose separation when they are not 100% sure they want a divorce, or as a first step in getting a divorce. Under North Carolina law, a couple must be separated for a full year before filing for divorce. However, during that year, custody, child support, equitable distribution, and alimony may be heard by the court or settled by the parties.
Do Both Partners Need a Divorce Lawyer?
If you have decided to end your marriage, you will probably need to find a Charlotte divorce attorney depending on your situation. Most individuals believe that settling the case out of court will make the process easier. However, divorce attorneys contribute significantly, especially when both parties have so much at stake.
We can give clear guidance on property distribution, child support, and other aspects.. In order to avoid a conflict of interest, a divorce attorney can only represent one party in a lawsuit unless you are seeking a collaborative divorce attorney.
We are a reputable law firm that can offer you legal representation and advice regarding separation or divorce. If you and your spouse want to separate, we can help with legal separation arrangements and marital property division. Also, if you need a family law attorney to assist with child custody arrangements and other legal issues relating to your family, we can help.
In addition to help with the divorce process and marital property division according to North Carolina law, we can also help with premarital/prenuptial agreements as well as postnuptial, reconciliation and separation agreements. These spousal agreements may be all you need to take care of your family law matters.
Divorce
North Carolina is a no-fault divorce state. The only requirement is that one spouse wishes to separate and divorce and that the spouses live separately and apart for at least one year. You may obtain a divorce before resolving your other matters, such as Equitable Distribution, Alimony, or Child Custody. If you are in a situation where you and your spouse agree on everything, you are seeking an uncontested divorce. If, however, you do not agree on everything, you need to seek a contested divorce. If you and/or your spouse are considering separating, it is important to consult with an attorney about your legal options. Freedom Law | North Carolina is here to guide you through this process.
Spousal Agreements
Spousal Agreements, put plainly, are contacts between spouses that address the division of the parties’ marital estate, or in some cases, their separation. They can include provisions for Alimony, Postseparation Support, Equitable Distribution, and may even include provisions for Child Custody and Child Support. Premarital Agreements, Postnuptial Agreements, Reconciliation Agreements, and Separation Agreements are the most common Spousal Agreements. Depending on your situation, you may be able to handle your matter exclusively with a Spousal Agreement.
Premarital Agreements
Chances are at some point in your life you have heard the word prenup. But what is a prenup exactly, and do you need one? A Premarital Agreement, or prenup, is a contract between spouses that is executed before the parties marry. Like most contracts, a premarital agreement is only valid if it is in writing and signed by the parties. It becomes effective on the date of the parties’ marriage. Premarital Agreements may include terms about how the parties will distribute, title, and hold real property, personal property, income, retirement, and other property in the event of separation, divorce, death, or other event. Parties may also predetermine Alimony and/or Post Separation Support in the event they separate or divorce. Premarital Agreements may not include terms that are contrary to public policy or child custody, however. If you are contemplating marriage, Freedom Law | North Carolina encourages you to consider a Premarital Agreement.
Postnuptial Agreements
Postnuptial Agreements are contracts between spouses and are entered after the date of marriage. They are basically a Premarital Agreement that is entered during the marriage. Unlike Premarital Agreements, however, they cannot include terms addressing Alimony and Post Separation Support.
Reconciliation Agreements
Reconciliation Agreements are entered by spouses during the marriage and following a period of separation. Reconciliation Agreements may address the distribution of marital property so long as the terms are not contrary to public policy. Like a Premarital Agreement, they may set forth terms regarding Alimony and Post Separation Support.
Separation Agreements
Spouses may execute Separation Agreements not inconsistent with public policy, provided that the agreement is in writing and is acknowledged by both parties (i.e. it has to be notarized). Separation Agreements may be used to determine the division of real and personal property, retirement accounts, investments, other assets, alimony, post separation support, child support, and even child custody; however, a Separation Agreement does not prevent a party from filing a complaint for child custody with the courts.
Contact us today to book a consultation with a family law attorney who can give you the advice and legal representation you need.