Charlotte Divorce

The end of a marriage is one of the most difficult things that can happen. The pain of a divorce is only amplified by the legal hurdles that can ensue. When handling a Charlotte Divorce, you want a team that understands the complex nature of the case and that will fight for you. Dummit Fradin is such a firm. We are experienced, professional, and most importantly, trusted. Give us a call today, and let’s start a new chapter in your life.

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Monday – Friday8:00am – 5:30pm

(704) 319-7200

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Serving Mecklenburg, Gaston, and surrounding Counties

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Welcome to Dummit Fradin | Charlotte Divorce Attorneys

A Charlotte divorce attorney from Dummit Fradin can assist you with the the filing of an absolute divorce. However, individuals seeking a Charlotte divorce could use the self-help center. Be advised that the Charlotte self-help center cannot give legal advice about your divorce. The messy nature of a divorce often requires a knowledgeable and experienced hand at the helm. We at Dummit Fradin are capable guides when it comes to your Charlotte Divorce needs.

All divorces in Charlotte and North Carolina are considered an Absolute Divorce. This is done by filing for and getting a Judgment of Absolute Divorce. A Charlotte Divorce does not require any one to be at fault. As such, North Carolina is considered to be a “No-Fault Divorce” state. Once the judgement of absolute divorce is entered, the bonds of marriage are ended, and the previous couple are now legally considered single people.

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David M. McCleary
David M. McClearyAttorney
Mr. McCleary works on Divorce cases in Charlotte NC. He has years of experience with the Mecklenburg County Family Court System.
E. Clarke Dummit
E. Clarke DummitAttorney
If you are looking for a Charlotte Divorce attorney, Clarke Dummit had been handling Divorce cases since 1991. He has litigated in county courthouses across the state including the Charlotte divorce cases for more than two decades.

Charlotte Divorce : Absolute Divorce

A Charlotte divorce is known as an Absolute Divorce. The absolute divorce is the only legal method of divorce in Charlotte and the entire state of North Carolina. An absolute divorce does not require fault from either you or your spouse. This is also referred to as a “No-Fault Divorce”. To obtain a Charlotte absolute divorce you must petition the court for an “Absolute Divorce”, and once the Judgement of Absolute Divorce is granted the marriage is ended. This judgement, once entered, ends your marriage, and thus, treats you as a single person once again. To get a Judgement of Absolute Divorce you need to meet specific conditions. Those conditions are described here.

  • Judgement For Absolute Divorce.

  • No Fault Divorce.

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Charlotte Divorce Criteria

The conditions that must be met for a divorce are simple.  The first condition is that you must be lawfully married. The second condition is that one person in the marriage must be a citizen of North Carolina or have lived in Charlotte or the state for six months. The third condition is that the married couple live apart for one year. The last condition is that the time spent living apart must have been done with the purpose of ending the marriage. Once all of the conditions are met, then a Charlotte Judge will either grant the divorce or instruct on how the above conditions were not met.

  • Marriage must be legal.

  • One person in the marriage must have lived the last six months in Charlotte or North Carolina.

  • One year separation with the intent to divorce must have happened.

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Charlotte Divorce: Legal Separation

When a Charlotte Divorce is started, you and your spouse must have been separated for at least one year.  There are two types of separation; voluntary and “divorce from bed and board.”  The most common form of separation is the voluntary version. The Charlotte courts recognize the start date for separation as the first day that you and your spouse started living apart with the intent to be divorced. Living apart means separate residences; you can’t share a home and be considered separated. The Mecklenburg courts do not require a separation agreement or any other form of documentation for a separation to be legal.

The Charlotte courts can force separation. This is called Divorce from bed and board. This form of forced separation is rarely done, but it is wise to be aware of its existence.

  • Live in separate residence.

  • One full year.

  • No shared cohabitation.

  • No sleepovers.

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Charlotte Divorce:  Self-help Center

People hoping to obtain a divorce in Charlotte can utilize the courthouse self-help center to review forms and processes, BUT the self-help center cannot give legal advice regarding your divorce; only a licensed attorney can advise you of the consequence of divorce. Most divorces in Charlotte are uncontested; meaning both spouses agree that the divorce can be finalized; however, agreement or consent is not enough. Once you have served the complaint and waited the required 30 days, a motion for summary judgment will need to be filed, and a hearing date for the divorce must be set at the Mecklenburg County Courthouse in Charlotte. If the case has been properly noticed, a certificate of divorce has been filed and the parties have followed the appropriate timelines, a Judge in Charlotte will grant an absolute divorce. However, if there are any mistakes, it can greatly delay your divorce and the rights that come with the divorce, such as being able to remarry or buy property in your name solely.

  • Can Provide Forms

  • Cannot provide legal Advice

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Fill out the form below, or call (800) 930-0397 to schedule an appointment

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Our Office Locations

The needs of our clients always come first. For the convenience of the individuals we serve, we have three office locations. No matter what the case entails, we look forward to meeting and working with you to get through this matter as efficiently and effectively as possible.

1133 West First Street
Winston-Salem, NC 27101
(336) 777-8081
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820 North Elm Street
High Point, NC 27262
(336) 777-1770
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412 West Market Street
Greensboro, NC 27401
(336) 482-3848
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Surrounding counties include : Lincoln county, Catawba county, Burke county, Rowan county, Iredell county, and York county in South Carolina