Divorce Attorney in Charlotte, NC

Helping Clients Go Through Tough Times

No one marries with the expectation of divorce. When your marriage becomes contentious, and all you seem to do is fight, divorce may be the best, healthiest option to get your life back. During this process, emotions often run high, and you will need an experienced family law attorney to guide you through the process.

At the Law Office of Jana K. Jones, PLLC, we represent couples navigating divorce throughout North Carolina. As an experienced and compassionate attorney, we’re prepared to help you understand your options and choose the path forward that’s right for you. Contact our Charlotte office today. We can work with Charlotte, Mint Hill, Huntersville, Newell, and Matthews residents. Together, we can get through the divorce process as quickly and painlessly as possible. Call 704-275-0951 to schedule a consultation where you can have all your divorce and separation questions answered.

Is North Carolina a No-Fault State?

North Carolina is a no-fault divorce state. That means that you do not have to prove any wrongdoing by your spouse, such as adultery, to file for divorce. The only requirement North Carolina requires is that you have lived separately and apart for at least one continuous year with the intent for the separation to be permanent.

Even though you do not have to prove fault when filing for divorce, wrongdoing by a spouse can impact certain situations.

Marital misconduct, such as adultery or cruel treatment, can affect whether or not alimony is awarded. Acts such as abuse and substance abuse can impact child custody proceedings.

It is true that you don’t have to prove fault, but a history of inappropriate actions can seriously affect how divorce proceedings go. Do you need help understanding fault, no-fault, and how your history may affect your divorce? Contact the Law Office of Jana K. Jones, PLLC, to speak with a family law attorney who is ready to listen to your case.

What is a Contested Divorce?

There are two main categories of divorce: contested and uncontested. A contested divorce occurs when you and your spouse are unable to agree on one or more key issues related to ending your marriage. When civil conversation isn’t enough to get through your divorce, court intervention is necessary to resolve these disputes.

Common Points of Contention

Division of marital property and debts – You and your soon-to-be ex will need to agree on how you will split the property you acquired as a married couple, which is called marital property. You will also need to come up with a fair arrangement for splitting debts you share.
Child custody and visitation – If you share children with your spouse, you will need to establish arrangements for their care and parenting time. Developing a parenting plan is a valuable step in a healthy divorce.
Child support – North Carolina law recognizes an income shares model when it comes to child support. When a divorcing couple is unable to agree on a fair way to contribute finances to the upbringing of their child, court intervention will be necessary.
Spousal support – Also known as alimony or maintenance, is a legal arrangement between spouses that provides financial support. A judge may have to decide whether spousal support is necessary during a contested divorce.

Divorce court proceedings usually require married couples to attempt mediation as a part of their divorce. Mediation is like a guided conversation where a neutral third party with training as a mediator helps two people come to a fair agreement regarding their divorce. If mediation is not an option, then a judge may need to settle the topics you cannot agree on.

Is your partner making negotiations impossible? Does it seem like every solution you come up with is just shot down without regard to logic? Are they not even willing to attempt mediation? It may be time to speak with a divorce attorney, someone who can explain all of the options available to you. Contact us today.

How Does an Uncontested Divorce Work?

When both spouses can agree on the ending of their marriage, and there are no disputes on key issues, they can pursue an uncontested divorce. The key areas you must agree on are things like property division, alimony, child custody, and child support, which are described more in-depth above.

The Uncontested Divorce Process

1-year legal separation – Just like a contested divorce, you and your spouse must live separately for at least 12 consecutive months. Attempts at reconciliation do not reset this clock, but cohabitation does.
Filing the complaint—One spouse must file a complaint for absolute divorce. The spouse must have lived in North Carolina for at least six months prior to filing.
Service of process – The other spouse must be formally served with divorce papers. They have 30 days to respond.
No response = uncontested – If the other spouse doesn’t contest the filing and files an answer agreeing to the divorce, the case moves forward as uncontested.
Court hearing – A brief hearing is scheduled. If everything is in order, the judge will grant the divorce, usually without requiring both spouses to appear.
Final judgment – Once the judge signs the divorce decree, the divorce becomes official, and the marriage ends.

Sometimes, employing tactics like mediation can help you and your spouse reach amicable solutions to your marriage’s legal dissolution. In divorce cases where the spouses can come to an agreement regarding important topics, they often leave the relationship with less negative feelings because their concerns were not only heard but addressed.

Uncontested divorces are often easier on all parties involved. That doesn’t mean there aren’t legal pitfalls to watch out for. Once the divorce is granted, things like alimony, child custody, and property division can’t be easily altered.

Should You Hire a Lawyer For Your Uncontested Divorce?

Divorce is a major legal process with lasting repercussions and challenges. You should absolutely speak with a divorce attorney, even if you and your spouse are able to agree on the terms of your uncontested divorce. You can’t be positive your spouse isn’t already speaking with an attorney or getting legal advice. You may end up agreeing to something that seems fair enough, only to find out it was more nefarious later on.

Once an uncontested divorce is granted, many of the things you agreed to will not be easy to change. Some of them will be impossible to change.

Call 704-275-0951 to speak with a divorce attorney, even if you and your spouse seem to agree on all major points of your divorce.

How is Property Division Decided?

North Carolina follows an equitable distribution system for dividing marital assets and debts during a divorce. Equitable distribution doesn’t always mean a 50/50 split. Instead, the court will find a division that is fair and just for the circumstances.

Marital Property

Marital property refers to all marital assets and debts acquired by either spouse during the marriage but before the date of separation. It doesn’t matter whose name is on the title or account; if it was acquired during the marriage, it is likely considered marital property.

Common Examples of Marital Property

Income earned by either spouse during the marriage
Real estate purchases while married
Retirement accounts and pensions accumulated during the marriage
Businesses started or developed during the marriage
Debts, such as credit cards or loans taken on for marital purposes

Property that you owned before getting married is considered separate property. The same is true of gifts or inheritances. If the separated property became commingled with marital property during your marriage, your former spouse may have a claim to it.

How is Child Custody and Support Determined?

Child custody issues are often one of the biggest hurdles to clear when going through a divorce. Many people choose to remain in an unhealthy or even toxic relationship in order to shield their children from the stress of divorce, only to find out that, in most cases, divorce is the less stressful option.

When seeking an absolute divorce in North Carolina, you likely fear what will happen to your relationship with your child and need help understanding child support and child custody.

In family law, the judge is most concerned with the well-being and best interests of the child. Many men fear that the court will unfairly favor their former spouse, granting them custody and landing the man with hefty child support payments. An experienced family law attorney will ensure that your parental rights are protected and fight for a favorable outcome in your case.

In North Carolina family law, many factors are considered when choosing the custodial parent and determining the child’s financial support. These include each parent’s ability to provide a safe and stable home, the child’s relationship with each parent, and the parent’s prior involvement with their child.

North Carolina uses an income shares model when determining child support payments. This model follows the belief that both parents are responsible for an equal share of their child’s financial needs. It looks at their combined income, treating it as it would be if the parents were still together.

Your children are too important to risk. Aggressive representation from an experienced divorce lawyer who puts their client’s interests ahead of their own can help you fight for what is right for your children. The Office of Jana K. Jones, PLLC, can help you with this and other family law matters.

What Services Do We Offer?

The divorce process can be complicated, especially if children are involved. We make it our goal to ease your legal burdens so you can focus on your family and start your new life. Discover how we can assist you with issues involving:

You deserve a dedicated partner during this difficult time. Allow us to help you seek a brighter future for yourself and the people you love. Because of the wide range of variables involved in divorce, we work hard to give you a personalized legal approach. Whether you need strategic guidance or simply just a listening ear, we will be by your side from start to finish.

If you need skilled divorce counsel who is experienced with family law cases in the Mecklenburg County area of North Carolina, contact us at the Law Office of Jana K. Jones, PLLC, today at 704-275-0951. From our office in Charlotte, we proudly offer legal representation in Mint Hill, Huntersville, Newell, Matthews, and beyond.