Divorce Process in Charlotte

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Divorce Process in Charlotte

Divorcing from a spouse is never easy, and our compassionate legal team understands the emotional weight of this process. However, if you are currently navigating a divorce, there are some things you should know about how the process plays out.

Following the local rules and court procedures associated with divorce is crucial, since considering all the details could help you streamline your separation and avoid unnecessary stress. Our dedicated divorce attorneys could help you navigate the divorce process in Charlotte, so do not hesitate to get started. En Español

What to Expect from the Divorce Process

Local divorce cases typically take place at the county courthouse, and as long as the proper processes are followed, a divorce can be finalized within three to four months. Divorce begins with collecting all the relevant documentation, filing a complaint against a spouse, and serving them this complaint.

The spouse filing the complaint needs to sign it in front of a notary to confirm that the contents are true and accurate. It is crucial for the complaint to accurately include the date the marriage started, the date of separation, and confirmation that both parties have been living apart and separated for more than a year.

Once served, a spouse has 30 days to respond to the complaint. If this time expires, the spouse filing for divorce can submit something called a motion of summary judgement. This order requests a judge to settle the divorce without a trial or hearing. In some counties, an attorney might need to go in front of a judge and submit the order.

What Might Draw Out a Divorce?

While divorce is often a relatively straightforward process, there are some factors that might draw it out or make it more complicated. For instance, if the opposing party decides to file a counterclaim regarding alimony or marital assets, a divorce might take longer to settle. Thankfully, a proactive legal representative knows how to keep a divorce as efficient and on-track as possible.

How Much Does the Divorce Process Cost?

The largest cost associated with divorce is a $225 filing fee. After you pay this, the rest of the costs depend on whether you use a local post office, a Sheriff, or publication to effectuate service. For instance, a Sheriff might charge $30 to serve a divorce complaint.

Equitable Division of Assets During a Divorce

One potentially complex part of the divorce process is dividing up property between spouses. If spouses cannot agree to divide their assets in half, one spouse might push for a process known as equitable distribution. This strategy involves dividing assets as fairly as possible, which might not be 50/50. A claim for equitable distribution can change the divorce process and make it more nuanced.

Filing this equitable distribution claim sends both parties to mediation. If mediation is successful, a couple agrees on how they will split their assets and the divorce process continues. If mediation fails, the divorce case might go to trial.

Dividing Marital Debt

When it comes to assigning liability for any debt acquired during a marriage, the court will usually divide debt down the middle. However, if one party owes significantly more than the other, the court might change its decision to reflect this imbalance. If you believe your spouse should be responsible for more than half of your shared debt, a detail-oriented attorney in Charlotte can help you factor this into your divorce process.

Call Our Attorneys About the Divorce Process in Charlotte

When you are divorcing from a spouse, it is understandable that you might be overwhelmed by the process. However, divorce can be relatively simple, as long as you understand the rules and work proactively to avoid complications.

For help filing an initial complaint, navigating the divorce process in Charlotte, dividing marital property, and finalizing your separation, work with a dedicated lawyer from the Sussman Law Firm. Call today to schedule your initial consultation.

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