Experienced Divorce Lawyer in Charlotte, NC

Navigating Clients in Charlotte, Monroe & Matthews Through the Process of Divorce

Divorce is an anxious and uncertain time for anyone, by calling the team at Krusch Law, PLLC , you do not need to do this alone. You may feel that your ex-spouse has more power than you have, you may worry that you don’t have the financial resources to fully protect your rights during a divorce, or you may wonder whether a divorce court judge will see things your way or side with your ex instead.

What is Divorce in North Carolina?

The divorce process involves two people who no longer wish to share their lives, and it requires them to work together one last time—if they can—to make sure that the separation is fair for each adult and safe for the children. You must negotiate how to divide marital property; share debt responsibilities; manage cash flow between two homes; and if applicable, how to arrange child custody and child support.

If you are getting divorced in the Charlotte metro area, we encourage you to learn more about the family law firm of Krusch Law, PLLC , located in Charlotte, North Carolina. Our firm practices exclusively in divorce and family law matters.

Why Call Our Charlotte Divorce Law Firm?

• More than 40 years of Experience
• Trained Mediator with a Skilled Approach
• Committed to Keeping You out of Court
• Board Certified Specialist by the NC Bar’s Board of Legal Specialization

To discuss an impending divorce with our experienced Charlotte attorneys, call our office at (704) 343-8811 or use our online contact form today.

What are the Top Reasons for Divorce?

There are many reasons individuals decide to getdivorced. Whether it is due to irreconcilable differences or financial problems, the most common causes of divorce vary on your situation.

• Finances
• Infidelity
• Abuse
• Lack of support
• Health issues

Divorce Trials, Negotiation, Collaborative Law & Divorce Mediation

We have learned that litigation is the approach guaranteed to cost our clients the most in terms of money and emotions. State and local rules now require settlement attempts through alternative dispute resolution methods such as mediation before a court date can be requested for matters of custody and property division.

When representing a client in a divorce, our goal is simple. Our Charlotte lawyer wants to achieve the best possible result, one that protects our client’s property and parental rights. Our attorneys use a firm yet reasoned approach to negotiations that we have learned through decades of legal experience. If we can get what you need and not spend your time and money in court, we will work toward that goal.

Attorneys in the Charlotte metro area know that we have the courtroom experience to handle the most complex:

• Property division/equitable distribution issues
• Spousal support (alimony) and post-separation support claims
• Child custody issues

Through our practical approach to negotiations and our reputation in the legal community, we are often able to resolve most divorce cases without the necessity of trial. In cases that do require trial, we are always prepared to advocate for the protection of our clients’ rights and interests.

Our clients have experienced significant success with divorce negotiations, as well as with litigation in court. In addition, our attorneys have training in the alternative dispute resolution methods of collaborative divorce law and divorce mediation.

No-Fault Divorce in North Carolina

In North Carolina, there are only two ways to get a divorce, and one of them (legal insanity) is never used. 99.99999% of North Carolina divorces are no-fault divorces. There are only two requirements to get the divorce (and, abandonment and adultery have nothing to do with it):

• You and your spouse must live separate and apart (in separate residences, not just separate floors or bedrooms) for a period of 12 consecutive months (or one year, whichever comes first) with the intention of at least one of you that you not resume your marital relationship.
• Either you or your spouse (or both) must have lived in North Carolina for at least six months immediately preceding the date of the filing for divorce (which cannot be until a year and a day after the date of separation).

During the separation period, and before the divorce can be finalized, the divorcing spouses must resolve all legal issues pertinent to the dissolution of a marriage, including:

• Property division
• Child custody and visitation
• Child support
• Spousal support (alimony)

Divorce FAQs in North Carolina

How do I get a legal separation?
There is technically no such thing as a “legal separation” in North Carolina. You are legally separated when at least one spouse has left the residence with the intention to live separate and apart and to not resume the marital relationship. If you require legal documents demonstrating your separation prior to divorce, the law provides several options, but none are required to deem you “separated.”

How long do you have to be separated before getting divorced in NC?
In North Carolina, you must be separated for a period of one year and one day prior to filing for absolute divorce.

Am I separated if we live in separate bedrooms?
No. The law requires separated spouses to reside in separate residences.

I live in North Carolina but my children live in another state, where do I file/seek custody/visitation for them?
Typically, the action is most often proper in the state where the children have lived for the past six months. However, the specific circumstances will determine where custody cases are properly located, and an attorney will need to advise you in this regard in your initial consultation.

How do I get my spouse removed from the marital residence?
There is no legal mechanism to have your spouse evicted from the home to commence the separation period. There are some legal theories that can be tried, but they can be expensive and time-consuming. You should speak to a Charlotte lawyer if you desire to start the legal process, but neither you nor the opposing party wishes to leave the home. We will help you understand your options.

If I move out, will my spouse claim abandonment?
That is a technical argument and the facts are very important. If both parties agree someone must move, abandonment is not an issue. Since separation requires one party to leave, most of the time the issue is not relevant to your case. If you are unsure, you need to consult with an attorney before you leave.

I live in North Carolina with my children, but their father or mother lives in another state. Where do I file/seek child support from them?
The specific circumstances will determine where child support jurisdiction is proper, and a Charlotte attorneys will need to advise you regarding jurisdiction in your initial consultation.

Do I have to let the other parent see the children if they do not pay child support?
In the situation described here, child support and custody are unrelated. Parents see their children when they do not pay support, and parents pay support even if they are not getting to see their children. The focus is on the children and their needs, not the parents’ needs, in most court actions.

Do I have to go to court?
There are many options for resolving your case amicably. In your initial consultation, the attorney can advise you regarding mediation, settlement conferences, and collaborative law practice.

What is collaborative law?
When spouses agree to utilize the collaborative law process, they are committing to resolving their domestic matters amicably, outside of litigation, with the assistance of their specially trained collaborative attorneys.

Do you accept any pro bono cases?
We work with all of our clients to ensure reasonable payment depending on the type and complexity of each case, and each client’s respective financial situation. We are very good stewards of client funds. Pro bono cases are accepted at the discretion of the firm.

Assistance Every Step of the Way

Your legal proceeding is as unique as your marriage. Your choice of a legal representative is important, and every attorney is unique. You want to find someone with whom you can communicate and work cooperatively through the process.

Furthermore, your legal needs do not necessarily end once you sign the final divorce paperwork. Krusch Law, PLLC in Charlotte can help with all legal issues related to a divorce.