Divorce Attorney in Charlotte, NC
At Miller Bowles Law, we can provide you with a divorce attorney in Charlotte, NC with the experience, skill, and dedication to help with your North Carolina divorce case.
In North Carolina, an absolute divorce is the process to legally end a marriage. To be eligible to ask the Court to grant a divorce in North Carolina, you must: (a) physically separate from your spouse; (b) live separate and apart from one another with one spouse having the intent to remain separate; (c) actually live separate and apart from one another for least 366 days; and (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.
Divorce Lawyer Charlotte NC
North Carolina is a “no fault” state, which 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.
During the divorce process, a spouse may ask the Court to resume a maiden name used prior to marriage. Upon such a request, the Divorce Judgment will legally allow you to resume your maiden name. While the divorce process can allow a resumption of a maiden name, it cannot be used to change a name to something other than the previously-used maiden name.
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 coach in the same home does not qualify as “separate and apart” to begin the 366 day waiting period.
Once a Divorce Judgment is entered, either spouse may remarry another person. 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.
Notwithstanding the legal rights that cease upon the entry of a Divorce Judgment, there are often other effects which many people fail to consider. Many health and automobile insurance policies require the insured to provide notification of divorce and do not allow former spouses to remain on the same policy.
Before filing or if you receive a Complaint for Divorce is filed, it is important to plan and prepare to ensure that you have properly raised your claims for alimony or equitable distribution and to prevent an untimely termination of health or automobile insurance coverage.
Contact Us Today
To schedule a confidential consultation with a divorce attorney in Charlotte, NC about further legal action you wish to take, please contact us here at Miller Bowles to learn about your rights. Call our team of divorce attorneys in Charlotte at (980) 321-5590 or contact us today to schedule your free consultation.