Charlotte Divorce LAWYER
Charlotte Divorce Attorney
Protecting Your Rights & Best Interests
If your marriage is not working and you feel that divorce is the answer, Warren Family Law is here to help you work through the divorce process. There is more than one way to get it done.
Our Charlotte divorce attorney and firm founder, Jim Warren, can discuss all your options with you and help you achieve the best divorce settlement possible. Be wary of online, do-it-yourself divorce options. You may walk away with a settlement not serving your best interests.
Call Warren Family Law today at (704) 741-1763 or contact us online to schedule a meeting with our divorce attorney in Charlotte!
Grounds for Divorce in North Carolina
Understanding the grounds for divorce is crucial when contemplating the end of a marriage in North Carolina. The state recognizes both fault and no-fault grounds for divorce. No-fault divorce is typically granted based on the separation of spouses for at least one year to live separately and apart permanently. This unique feature means neither party must prove wrongdoing for the divorce to be granted.
Conversely, North Carolina also acknowledges fault-based grounds for divorce, including adultery, abandonment, cruel treatment endangering the life of the other spouse, and excessive drug or alcohol use. Demonstrating fault can affect the distribution of marital property and alimony awards. As your dedicated Charlotte divorce lawyer, our Warren Family Law team will meticulously evaluate your case's circumstances to determine the most appropriate grounds for your situation.
Divorce Process in North Carolina
Navigating the divorce process in North Carolina involves several critical steps, and having an experienced Charlotte divorce lawyer by your side can significantly simplify the complexities associated with each stage. Here is a comprehensive overview of the divorce process in the state:
- Filing for Divorce: Initiating the divorce process begins with filing a complaint or petition for divorce. North Carolina mandates that at least one spouse must have been a state resident for at least six months before filing. The seasoned professionals at Warren Family Law will guide and assist in preparing and filing the necessary legal documents to kickstart the divorce proceedings.
- Legal Separation: North Carolina law necessitates spouses to live separate and apart for at least one year before filing for a no-fault divorce. During this period, couples may enter into a separation agreement outlining the terms of crucial issues such as child custody, spousal support, and property division. Our Charlotte divorce lawyers will skillfully guide you through the negotiation process, ensuring a fair and comprehensive separation agreement.
- Property Division: North Carolina follows the equitable distribution model for dividing marital property. While it does not guarantee an equal split, the court endeavors to distribute assets and debts fairly. The legal team at Warren Family Law will passionately advocate for your interests, thoroughly examining all marital assets and liabilities to secure an equitable resolution.
- Child Custody and Support: For couples with children, determining child custody and support is a pivotal aspect of the divorce process. North Carolina prioritizes the best interests of the child when making custody decisions. Our knowledgeable Charlotte divorce lawyers are well-versed in family law matters and will tirelessly work to secure a favorable custody arrangement and fair child support orders.
- Alimony: In cases where one spouse is financially dependent on the other, the court may award alimony. The amount and duration of alimony payments hinge on various factors, such as the duration of the marriage, the financial needs of each spouse, and their respective contributions. The legal team at Warren Family Law is dedicated to advocating for your rights, whether you are seeking alimony or contesting a spousal support request.
Navigating a divorce can be challenging. With Warren Family Law as your trusted Charlotte divorce attorney, you can rest assured that your case will be handled with care and expertise.
Hire a Respected Divorce Law Firm
Attorney Jim Warren does everything possible to help his clients avoid going to court for divorce, custody, or support matters. However, as an experienced trial lawyer, he will not shy away from the challenge of a trial when it cannot be avoided. We aim to help you leave your marriage with settlement terms that serve your best interests. We will do what it takes to get such results.
Do You Have to Go to Court For a Divorce?
Taking a divorce to court is usually only used as a last resort. Divorces end up in court when divorcing spouses cannot agree on an issue, such as alimony or child custody. Many divorces can be resolved without ever going to court. Here are three of the most common alternatives to litigation:
If you and your spouse have already agreed on how you want to divide property, handle financial support, and split time with your children, you may file for an uncontested divorce. Also known as a “simple divorce,” this is one of the fastest ways to divorce in North Carolina.
Mediation involves you and your spouse meeting to discuss the details of your divorce, such as:
A mediator is present to keep the conversation going. While legal counsel is not required, it is recommended to have a divorce attorney you can consult before you agree to anything.
Arbitration is an increasingly common way to resolve contentious issues during divorce proceedings.
In this approach, an impartial third party makes decisions based on the facts and then makes a ruling that all sides agree upon. Both parties must comply with this decision once it has been handed down.
While arbitration is like taking your divorce to court, it can sometimes be quicker and cheaper than litigation. A lot of divorcing couples take this route, especially those who want to avoid divorce court but still want a legally binding agreement on various issues.
Contact Our Charlotte Divorce Attorney Today
Our legal team at Warren Family Law is here to help you get the fresh start you deserve. We will do everything we can to ensure your life after divorce looks like what you imagine.
Divorce is tough, which is why we work so hard to make it easier on you. You can count on us for compassionate counsel, skilled support, and experienced legal guidance during this difficult time. We serve clients in Mecklenburg, Gaston, Cabarrus, Union, and Iredell Counties.
Contact Warren Family Law today to schedule a meeting with our divorce lawyer in Charlotte!
FREQUENTLY ASKED QUESTIONS
If you’re considering divorce, you likely have a million things on your mind. At Warren Family Law, we’re here to answer some of the most common questions we get asked by prospective clients.
How Long Does a Divorce Take in NC?
The average divorce takes between 30 and 60 days. That’s considering the 30-day waiting period after you serve your spouse with divorce papers.
Keep in mind that every divorce is different. Some will be resolved quickly, while others will take time.
Why Do Some Divorces Take So Long?
If you and your spouse cannot agree on the divorce terms, you may have to take the matter to court. Unfortunately, that means your case may take longer than you would like. You will also be at the mercy of the court schedule.
At Warren Family Law, we will do everything we can to help you work through the divorce process as quickly as possible so that you can move on.
Is NC a 50/50 Divorce State?
Yes, NC is a 50/50 divorce state. Therefore, in NC, dividing up the marital property 50/50 is equitable and fair. Nonetheless, NC divorce laws evaluate many aspects that generally suggest a need for an unequal marital property division, in which case a 50/50 distribution would not be fair.
Do I Need a Lawyer to Get a Divorce?
Many Charlotte-area residents wonder if they need an attorney when getting a divorce. After all, online do-it-yourself forms are cheap and can be filled out quickly. The problem with going this route is that it is easy to make mistakes—divorce law in North Carolina can be very complicated. Without help, you will likely walk away from your marriage with an unfair settlement. Worse, you may not be able to change that settlement later on.
Save yourself the trouble and work with an experienced lawyer from the start. Start with a no-cost, no-obligation consultation if you're on the fence.
How Much Does a Divorce Lawyer Cost?
At Warren Family Law, you are only charged for the time we spend on your case. You can expect our fees to be reasonable—and we will work hard to earn those fees. Working with a lawyer can save you money regarding alimony, property division, and child support.
What Should I Look for in a Divorce Lawyer?
You should consider their approach, experience, and reputation when looking for legal counsel.
Jim Warren has been practicing family law in Charlotte for over 40 years. He strongly believes in resolving divorce cases peacefully whenever possible. But as a trained divorce lawyer, he is ready to fight things out in court when necessary.
A few reasons why clients choose our North Carolina firm include:
- Open and honest counsel: We never make promises we can’t keep.
- One-on-one attention: Jim will personally handle your case. It will not be passed on to someone with less experience.
- Highly rated founding attorney: Jim is well known and respected by local judges, attorneys, and past clients for his attentive, straightforward approach to divorce law.
“BEST Family Law attorney, by far. I've known Mr. Warren since the mid 90's and would use no other in a Divorce situation. EXTREMELY professional and will fight for you, all the way.” - Greg H.
“Won my case with the upmost professionalism and toughness. I would recommend James to anyone dealing with a custody and/or child support issue. Fantastic!!!” - Mary B.
“Mr. Warren is an excellent attorney to have in your corner from the beginning all the way until the end of settlements. I personally had a previous subpar attorney before retaining Mr. Warren. Thankfully I retained his services.” - Joel