Charlotte Divorce Attorneys
Protecting your future post-divorce in North Carolina
Child custody, spousal support, property division – all of these can sound scary, complicated and emotionally draining. Most divorces are. However, if you’re facing a divorce, having the right attorneys on your side can make all the difference. Whether your divorce is relatively simple, or complex with many assets, it’s important to protect yourself so you’re able to start this new chapter in your life in the best possible way.
Nobody goes into a marriage thinking it will end in divorce, but if it happens, you need to be prepared. Our divorce attorneys at Epperson Law Group, PLLC are dedicated to providing strong and effective representation – fighting for you when it matters most. We have offices in Charlotte, Weddington and Boone. Please don’t hesitate to contact us for a consultation today.
Questions about the separation or divorce process? We have answers, experience and guidance.
What are grounds for divorce in North Carolina?
In North Carolina, you don’t need to prove that your spouse did something wrong to get a divorce. This is called a “no-fault divorce.” There are two main types of divorce you’ll hear about under state law:
- Absolute Divorce
- Divorce from Bed and Board
According to North Carolina law, couples must be separated for one year before filing for an absolute divorce.
That means you’ve lived in different homes, not just separate bedrooms, for 12 continuous months. While these two types might sound a bit formal, it’s important to understand that they each serve a different purpose. Let’s break them down.
Absolute divorce is the one most people think of when they hear the word “divorce.” It legally ends the marriage and allows both people to remarry if they want.
To file for an absolute divorce in NC, you need to meet just two main requirements:
- You and your spouse must live in separate homes, not just separate rooms, for 12 continuous months without returning to a “resumption of marital relations.” According to the law, “ voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. Isolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations.”
- At least one spouse must have lived in North Carolina for at least six months before filing.
That’s it. North Carolina doesn’t require you to prove that anyone did anything wrong. It's a “no-fault divorce” state, which means living apart for a year is enough to show the marriage is over.
Alternatively, even though it’s called a “divorce,” divorce from bed and board doesn’t actually end your marriage. Instead, it’s a court-ordered separation that sets out certain important terms for both parties.
So, why would someone file for this? Usually, it’s because one spouse refuses to move out or there are serious problems in the marriage that make it unsafe or impossible to live together. Unlike absolute divorce, this type of divorce is fault-based. You have to prove that your spouse did something wrong. Here are the main reasons the court may grant it:
- Abandonment (leaving the home without a valid reason)
- Kicking the other spouse out (“maliciously turning out of doors”)
- Cruel treatment (physical or emotional abuse)
- Repeated verbal attacks or humiliation (“indignities”)
- Substance abuse (excessive drug or alcohol use)
This type of legal separation can help protect your rights and grant the court the authority to make decisions regarding money, property, or even child custody while you’re still legally married.
Do I have to get a Charlotte separation first? What’s involved?
If you live in Charlotte or anywhere else in North Carolina, you don’t have to file any special paperwork to be “separated.” In this state, legal separation simply means living in two different homes with the intention of ending the marriage.
You don’t need a court order or legal document to begin the separation period. However, it’s important to know that the separation starts the day one of you moves out, as long as both of you understand it’s not just a break. It’s a step toward ending the marriage.
If you’re unsure about how to protect yourself financially or with your children during this time, you can get a “separation agreement,” a private, written contract that spells out who gets what, who pays the bills, and how parenting will work while you’re separated. You don’t have to go to court to create this, but having it notarized and reviewed by an attorney is smart.
Will I have to pay spousal support after my divorce? Will I receive it?
When a marriage ends, it’s common for one person to worry about paying spousal support (also called alimony) and the other to wonder if they’ll receive it. In North Carolina, spousal support isn’t automatic. It depends on your individual circumstances. The court will look at things like:
- Who earned more money during the marriage
- Whether one spouse supported the other’s career or stayed home to raise kids
- The length of the marriage
- Each person’s ability to support themselves after the divorce
- The existence of marital misconduct (like adultery)
If you’re the lower-earning spouse, you may be able to receive spousal support if you can show that you need financial help to maintain a reasonable lifestyle. This is especially true if you gave up work to care for children or support your partner’s career.
If you’re the higher-earning spouse, you may be required to pay alimony, especially if your spouse doesn’t have the means to support themselves right away. The amount and length of time depend on your financial situation, the length of the marriage, and what the court believes is fair.
If the supporting spouse had an affair, they may be required to pay. If the dependent spouse cheated, they may be barred from receiving support.
Does my Charlotte divorce have to go to court? Are there alternatives?
Not necessarily. While every divorce in North Carolina does need to be filed with the court, that doesn’t mean you have to go through a messy courtroom battle, especially if you and your spouse can work out your issues peacefully.
If you and your spouse agree on all the important things, like who gets what, custody of the kids, and whether anyone pays support, you might be able to handle most of the process without ever stepping into a courtroom. Here are a few alternatives to a traditional court divorce:
- If you’ve already been separated for a year and agree on everything (property, kids, support), you can file for an uncontested divorce. This is the fastest and cheapest way to get divorced in Charlotte. In most cases, you’ll just submit your paperwork and attend a brief hearing, or your lawyer might even handle it without you going at all.
- In mediation, you and your spouse sit down with a neutral third party (called a mediator) to talk through your disagreements. It’s private, less stressful, and much more affordable than going to trial. The court requires mandatory mediation before letting a case go to trial.
- In a collaborative divorce, both spouses hire attorneys trained in this special process. Everyone agrees to work together respectfully and stay out of court. You negotiate everything in a series of meetings instead of going before a judge.
If you and your spouse can’t agree, you may have to let a judge decide. This is usually more time-consuming, expensive, and emotionally difficult, but sometimes it’s the only option, especially in high-conflict situations involving abuse, dishonesty, or hidden assets.
Can I appeal the outcome of my divorce case?
Yes, you can appeal a divorce ruling in North Carolina, but only if there was a legal error in the original decision. Appeals aren’t about disagreeing with the outcome or trying to present new evidence. Instead, they’re used when the judge misapplied the law or made a mistake in handling your case.
You typically have 30 days from the final judgment to file an appeal, so time is critical. Common issues that may be appealed include property division, alimony, child custody, and child support.
Appeals are complex and require a detailed understanding of court procedures and legal standards. At Epperson Law Group, PLLC, we can help you review your case, identify possible errors, and guide you through the appeals process if needed.
I have a lot of assets and need to protect them. What should I do?
If you have significant assets (like real estate, business interests, retirement accounts, or investments), protecting your financial future during divorce is critical. North Carolina follows equitable distribution, which means assets are divided fairly, but not necessarily 50/50. That leaves room for disagreement and mistakes if you're not prepared. Here’s what you should do:
- Don’t go it alone. A skilled attorney can help you identify, value, and protect your assets, especially if your spouse is likely to dispute them. If you're in a high-asset situation, you need someone who understands complex property division.
- Make copies of tax returns, bank statements, business documents, deeds, loan records, and anything else that shows what you own and what it’s worth. The more organized you are, the stronger your position.
- Trying to shift money or property to keep it out of the divorce can backfire big time. Courts take this seriously, and it could hurt your credibility or lead to penalties.
- If you're not divorced yet (or not even married), now’s the time to think about legal tools like a prenup or postnup. These agreements can spell out exactly what happens to your assets in case of divorce.
At Epperson Law Group, PLLC, we regularly handle high-net-worth and complex divorce cases. We work with financial experts, protect what’s yours, and help you walk away with confidence and clarity.
What’s the difference between a pre-marital and post-marital agreement?
Both premarital (prenup) and postmarital (postnup) agreements are legal documents that protect your assets if the marriage ends, but the key difference is when you sign them.
- A prenup is signed before you get married. It outlines how assets, debts, and property will be divided if you divorce. It’s a smart move if you have significant assets, own a business, or want to protect your children from a previous relationship.
- A postnup is signed after you're already married. Maybe your financial situation changed, like you inherited property, started a business, or one spouse stopped working. A postnup can clarify financial responsibilities and protect your future, even if you stay together.
Both types of agreements can provide peace of mind and reduce conflict later. At our Charlotte law firm, we help clients draft, review, and negotiate prenups and postnups that hold up in court and protect what matters most.
How is property divided in a Charlotte divorce?
In Charlotte and across North Carolina, property is divided using a system called "equitable distribution." That means everything you and your spouse acquired during the marriage is divided fairly, but not always 50/50. Here’s how it works:
The court separates assets into two categories:
- Marital property: Anything you or your spouse acquired during the marriage (home, cars, income, retirement accounts)
- Separate property: Anything owned before the marriage, or received by gift or inheritance (usually stays with the original owner)
Each asset is assigned a fair market value, meaning what it would sell for today, not what you paid for it. This often involves appraisers, especially for homes, businesses, or rare items.
To divide the property, the court looks at several factors, including:
- Each spouse’s income and debts
- Who contributed what (financially or otherwise)
- Whether one spouse supported the other’s education or career
- The length of the marriage
- Any misconduct that impacted finances
Equitable doesn’t always mean equal. It just means what the court believes is fair based on your unique situation. If you and your spouse can agree on how to divide everything, that’s ideal. But if not, the judge will decide for you.
Our Charlotte divorce attorneys have extensive experience handling complex property division, including high-value assets, business interests, and retirement accounts. We’re here to fight to make sure you get your fair share.
Do you have a Charlotte divorce attorney near me?
Our Charlotte office is located at 10851 Sikes Place, Charlotte, NC 28277. We’re right off the NC-16. Our team is available for appointments, telephone calls, and Zoom video consults.
Skilled Charlotte divorce and separation attorneys
At Epperson Law Group, PLLC, our lawyers are dedicated to making the divorce process a less stressful experience. Our decades of experience give you the edge when you need it. We’re here to fight when you need it most. We’re right off the NC-16 on Sikes Place. To reserve a consultation at one of our offices in Charlotte, Boone, or Weddington, please call our offices or fill out our contact form.
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