How I Can File For A Divorce In Mecklenburg County

Helping You Achieve the Best Outcome Possible

In North Carolina, an absolute divorce is the process for legally ending a marriage. Before the North Carolina Court can grant your divorce, you must meet the following requirements:

  • (a) physically separate from your spouse
  • (b) live separately and apart from one another with one spouse having the intent to remain separate
  • (c) actually live separate and apart from one another for at least 366 days
  • (d) either you or your spouse must be a resident of North Carolina for at least six (6) months prior to the date of filing the Complaint for Divorce.

Whether you are considering divorce or have already made your final decision, you are going to need an experienced legal advocate on your side. That’s where Miller Bowles Cushing can help. With our more than 35 years of combined experience, we can help you through this difficult time by representing your interests and fighting for everything you deserve.

Contact us today at (704) 810-1400 and schedule a private consultation to discuss your situation.

Divorce Procedures in North Carolina

North Carolina is a “no-fault” state. This means that either spouse can file for and ask the Court to enter a Divorce Judgment to officially and lawfully end the marriage without the consent of the other party, without the signature of the other party, and without a finding that one spouse is at fault for the end of marriage. As divorce attorneys in Charlotte, NC, we can walk through these court procedures with you.

What Is the Concept of "Separate and Apart?"

Many North Carolinians ask what it means to live “separate and apart” and what may and may not qualify as legal separation to begin the 366-day waiting process.

Our Courts have repeatedly ruled that to be “separate and apart,” spouses must live in separate residences from one another and one spouse must do so with the intent to remain separate and apart thereafter.

For example, sleeping in separate bedrooms or one spouse sleeping on the couch in the same home does not qualify as “separate and apart” to begin the 366-day waiting period.

Legal Issues Must be Resolved Before Divorce Judgement

While the process for obtaining a Divorce Judgment is often a straightforward process, the entry of the Divorce Judgment is an important event which affects legal rights and can have catastrophic repercussions if you do not plan and prepare.

Because the Divorce Judgment terminates all marital rights between the spouses, if a claim for alimony or equitable distribution has not been filed with the Court before the Divorce Judgment is entered, those claims are forever barred.

There are many factors people fail to consider when undergoing divorce:

  • Shared insurance policies will need to be separated
  • Alimony or equitable distribution will need to be determined before a Divorce Judgement
  • Paying alimony will provide tax breaks, while receiving alimony must be reported as taxable income
  • You should have your most valuable assets appraised to help you determine what is most worth fighting for
  • You could be held responsible for debt accrued by your soon to be ex-spouse.

As divorce lawyers in Charlotte, North Carolina, we understand the complexities of these cases. We can help you navigate the numerous pitfalls of divorce so that you are not blind sighted when the day comes to make final decisions.

Contact Us Today

To schedule a confidential consultation with one of our divorce lawyers in Charlotte, NC about further legal action you wish to take, please contact us here at Miller Bowles to learn about your rights.

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Call our team of divorce attorneys in Charlotte, NC today at (704) 810-1400.


  • Miller Bowles Cushing PLLC Wonderful experience overall and would recommend them highly to anyone I know.
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  • Miller Bowles Cushing PLLC I've known Ms. Stephanie Ross for many years and can't think of a harder working, dedicated attorney.
  • Miller Bowles Cushing PLLC Kate Miller was a wealth of knowledge, professionalism, and sympathy during my separation and divorce.
  • Miller Bowles Cushing PLLC Chris Miller was very easy to work and he made what could have been a stressful endeavor very comfortable and seamless for me.
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