Divorce

While the thought of going through a divorce isn’t something that anyone looks forward to, the reality is that sometimes a divorce is best for all parties involved. Of course, this doesn’t necessarily make the process any easier. Between splitting up your property, determining who will have custody of your children, and whether either party will pay child support or spousal support, it’s enough to make your head spin. However, working with an experienced Charlotte divorce lawyer can simplify the process and help you reach an outcome that you’re happy with.

At the Olsinski Law Firm, PLLC, our knowledgeable family law attorneys have decades of experience helping men and women through all aspects of divorce. We take the time to listen to what’s most important to you so we can advance your interests at every stage of the process while minimizing the chances of a long, drawn-out legal battle.

North Carolina recognizes two types of divorce, Absolute Divorce or Divorce from Bed and Board. Absolute Divorce is also referred to as "simple divorce" or "no-fault divorce." In basic terms, this type of divorce refers to the process where married people become unmarried; it is simply used to legally end a valid marriage.

Divorce from Bed and Board is based on the state's history of "fault-based divorce." Currently, divorce from bed and board is a legal separation of the parties based on one party's fault. After one year has passed, the parties can then petition the court for an absolute divorce.

In order to get an absolute divorce, spouses must have lived separately for more than one year, and at least one spouse must have exhibited a desire to end the marriage. As long as one spouse wants to obtain a divorce, it does not matter if the other spouse disagrees.

There is one situation in which the spouse seeking a divorce does not need to show that they intended to permanently end the marriage, and that’s when a spouse seeks a divorce based on their spouse’s “incurably insane.” However, a court can only grant a divorce based on incurable insanity if the parties have lived apart for three consecutive years. There are also other complex procedural requirements that must be met to obtain a divorce on the grounds of incurable insanity, making these divorces rather rare.

Divorce from bed and board is not technically a divorce, as it doesn’t legally end a marriage. Thus, it’s more akin to a legal separation. Divorce from bed and board is not common and is used to achieve specific goals, for example, to force one party out of the marital home or to allege marital misconduct. A party may obtain a divorce from bed and board based upon a showing of:

• Abandonment,
• Maliciously kicking a spouse out of the marital home,
• Cruel or barbarous treatment,
• Indignities to render life intolerable or overly burdensome,
• Excessive use of alcohol or drugs, or

After a divorce from bed and board, the spouses stay married; however, they can then resolve issues related to the separation with a separation agreement. This allows spouses to work out the division of property and post-separation support.

Because divorce is the legal end of a marriage, there are certain decisions the court must make before finalizing a divorce, including the following:

• The division of the couple’s debts and assets;
• Child custody and visitation;
• Child support; and
• Spousal support.

An experienced Charlotte divorce lawyer can help you understand how to effectively navigate the divorce process to ensure you reach a favorable outcome.

If you are contemplating divorce, it’s important that you speak with an experienced family law attorney to make sure that your interests are protected. Even if you think that you and your current spouse will be able to part ways amicably, you wouldn’t be the first to learn the hard way that it isn’t always possible. At the Olsinski Law Firm, PLLC, we employ a client-centered practice, focusing on effective, practical solutions to complex problems. We focus all of our energy on making sure our clients receive aggressive, effective and cost-efficient representation designed to help them reach their desired outcomes. We have experience handling all aspects of divorce cases, including child custody, child support, property division, and spousal support. To learn more, and to schedule a free consultation with a Charlotte divorce lawyer, give us a call at 704-405-2580. You can also reach one of our Concord family law attorneys at 704-918-4747. We represent clients in Mecklenburg, Gaston, Cabarrus, Iredell, Rowan, and Union Counties.