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North Carolina Divorce FAQ

Answers from Experienced Divorce Attorneys in Charlotte

At Jetton & Meredith, we take an informed approach to family law. When representing a client in North Carolina, we take the time to explain the factual and legal issues in the case and how they may shape the outcome. Our Charlotte family law attorneys explain timelines, potential costs, and other information that can help you make wise decisions during the process.

Find answers to frequently asked questions about divorce below. You probably have questions regarding your particular situation and we can answer those in a confidential consultation.

Feel free to give us a call at (704) 931-5535 today and talk with our team about your family’s legal issues.

How long do you have to be separated before filing for divorce in North Carolina?

The parties must live in separate accommodations for at least one year. One of the spouses has to be a North Carolina resident for six months before filing.

What are the grounds for divorce in North Carolina?

There are no grounds for divorce in our state. The fact that one or both spouses wish to divorce is sufficient to proceed with a divorce.

How long does a divorce take?

It depends on the outstanding issues that must be resolved and the attitude of your spouse. Some divorces can be finalized in a few months’ time, while others may take two years or so.

At Jetton & Meredith, we try to complete everything necessary for a divorce during the one-year separation period whenever possible.* Your case is unique – after reviewing your situation, an attorney at our firm can give you a clearer picture of how long your divorce may take.

What are the major issues that must be resolved in a divorce?

Before a divorce decree is issued, matters involving child custody, visitation rights, child support, alimony (spousal support), and division of marital property and debts must be addressed and resolved. These can be complex issues, so having an experienced attorney on your side during the process is essential.

Will I have to pay alimony or am I entitled to receive it?

This again depends on your specific situation. The court may order temporary alimony after divorce papers are filed, reserving the decision regarding permanent or longer-duration alimony for a later time.

Many divorcing couples choose to forgo alimony in favor of a particular property settlement. Alimony is treated as taxable income for the receiver and tax deductible for the payer, so that is another consideration. We can inform you of your options and help you make the decision that is right for you.

Can I date during the separation period?

Yes. The court does not care whether you date someone after filing for divorce, and dating will not affect the divorce settlement you ultimately obtain.

My spouse and I have significant debts. Should we file bankruptcy before divorcing or file bankruptcy after our divorce is finalized?

This depends on the specific circumstances of your situation. It is important not to be burdened with your spouse’s debts after you have been divorced. We can advise you of your best course of action.*

When can I change back to my maiden name?

At any time, by filing a petition in court. A Charlotte divorce attorney at Jetton & Meredith can assist you with this matter.

To schedule a consultation about a divorce or related matter, contact Jetton & Meredith at (704) 931-5535.

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