Trusted North Carolina Divorce Lawyers
At Daly Mills Family Law, our experienced North Carolina divorce lawyers meet our clients at some of the most emotional times in their lives. We understand that during a divorce, your life is changing in some of the ways you envisioned and others that you never imagined.
We can help you outline the pertinent factors in your marriage’s dissolution, including the complex areas that require each important detail to be personally and legally aligned to achieve success.
Our dedicated divorce attorneys have offices conveniently located in both Mooresville and Charlotte, making us easy to find and even easier to reach, so our clients can achieve their goals in the way they want to achieve them.
As part of our commitment to the greater Lake Norman area, and the rest of our fellow North Carolinians, our law firm was featured in Limitless Magazine to shine a light on combining our compassion with the legal skills necessary to protect our clients’ futures.
Our North Carolina family lawyers do our jobs because we care about our clients and only take a limited number of cases each month to ensure everyone gets the personal attention they deserve.
When you are ready to talk, we are ready to fight for what you hold dear.
Daly Mills Family Law & Divorce Attorneys in North Carolina
At Daly Mills Family Law, our divorce attorneys provide skilled representation in the critical areas where our clients need us, so they have access to the complete legal solutions they need to achieve success within the same law firm.
At Daly Mills Family Law, Our North Carlina Law Firm Also Focuses On The Following Practice Areas:
- Retirement Assets
- Property and Asset Division
- Prenuptial Agreements and Divorce
- Post Divorce Modifications
- Military Divorce
- Fathers Rights
- Equitable Distribution
- Alimony and Spousal Support
- Separation Agreements
- North Carolina Divorce Process
- Domestic Violence Abuse and Divorce
At Daly Mills Family Law, our experienced attorneys and support staff work as a team to provide personalized service for each of our client’s unique needs because we sincerely care about helping people. Contact us today to learn how we can help you move forward with confidence.
Is North Carolina a No-Fault Divorce State?
North Carolina is a no-fault divorce state, which means neither spouse must prove the other’s marital misconduct led to the marriage’s dissolution.
Also called an Absolute Divorce, there are two basic requirements for spouses to pursue a divorce where neither party was at fault, including:
- Both spouses must live separately and apart – in different residences – for at least 12 consecutive months.
- At least one spouse must have been a North Carolina resident for six months before initiating divorce proceedings.
If both of those factors are true, you may proceed with filing for divorce the day after the 12-month separation period ends.
What if One Spouse Was at Fault for the Divorce?
While neither spouse must prove fault to pursue a divorce in North Carolina, there are cases where the marital relationship is increasingly complicated and may require the court’s interference.
When abandonment, adultery, cruel treatment, or alcohol/substance abuse has led to the breakdown of a marriage, the other spouse may seek a divorce from bed and board in North Carolina.
However, a divorce from bed and board is not technically a divorce.
It is a claim that one spouse has committed marital misconduct, but neither party is agreeing to leave the marital home. When the injured spouse can prove that the at-fault party committed marital misconduct, the court can interfere, and award a legal separation, so he or she may pursue a marital claim for alimony, child custody, child support, and equitable distribution.
The party bringing the claim for divorce from bed and board must be completely blameless for the dissolution of the marriage, meaning he or she did not commit any marital misconduct at all.
In these cases, spouses will still have to wait one year from separation to obtain an absolute divorce.
Whether you are seeking an uncontested, contested, or high asset divorce in North Carolina, our Daly Mills Family Law attorneys focus on producing unique solutions for each client we represent, because no two North Carolina residents have the same legal needs.
Call us now to learn more about how our family law attorneys provide compassionate care, intent listening, and respect for your wishes and overall family goals.
Proven Divorce & Family Law Attorneys in North Carolina
At Daly Mills Family Law, our North Carolina attorneys understand our state’s complex divorce laws, and how to implement legal solutions for your new life while you navigate the required one-year waiting period to file for an actual divorce. We will not sit idly by while the clock ticks.
We will help forecast your future based on our North Carolina divorce, child custody, and financial support laws, so you can become the person you deserve to be. Your children, finances, and future are worth fighting for. Allow us to take the lead in protecting what’s yours.
Contact Our Divorce Attorneys Today for a Consultation
At Daly Mills Family Law, our divorce attorneys focus on each of our client’s unique legal needs, and that begins by keeping our caseloads small. Each time you contact our office, you will have access to attorneys and support staff who can answer your questions, allay your fears, and develop practical legal solutions that make sense.
Divorce, family law, and future planning matters may be complex, but they are all we do. And we do it because we want to help our North Carolina clients confidently build their futures for success.
It’s a jungle out there. Protect what’s yours. Contact our family law attorneys today at 704-878-2365 or online to develop a partnership that produces actual results.
Frequently Asked Questions for Our Divorce Attorneys
What is the Difference Between a Contested and Uncontested Divorce?
A contested divorce in North Carolina means there is at least one matter regarding the divorce that you and your spouse cannot agree on that requires both to litigate the details inside the courtroom. Those matters may include the division of property, child custody, or financial support.
An uncontested divorce means neither spouse has any discrepancies or disagreements regarding alimony, division of property, child custody, or support.
An uncontested divorce still requires spouses to be separated for a year in North Carolina.
Are Spouses Required to Attend Mediation Before a Divorce?
North Carolina law only requires divorcing spouses to attend mediation if they want to proceed with their child custody or property division disputes in family court. If either of these two details cannot be decided during a separation agreement, both spouses must attend mediation before they can litigate their differences.
Can Spouses Settle Divorce Details with a Separation Agreement?
Spouses do not need a separation agreement to be legally separated in North Carolina. However, a separation agreement can outline the same details that will be evaluated during the divorce —once the mandatory one-year waiting period is over — including the division of property, child custody or child support, and alimony.
Does It Matter Which Spouse Initiates a Divorce?
North Carolina is a no-fault divorce state. That means neither spouse has to prove the other’s marital misconduct led to the divorce.
To get a no-fault divorce, you and your spouse must meet two basic requirements:
- At least one of you must have been a North Carolina resident for six months before initiating divorce proceedings.
- You must have lived separately and apart — in different residences — for at least 12 consecutive months.
If both of those factors are true, you may proceed with filing for divorce the day after the 12-month separation period ends. We can help create a separation agreement that outlines your plans for the property distribution, child custody, child support, and alimony during the waiting period, so you are ready to move forward on the 366th day. We can also help you decide if you should proceed with a court action for property distribution, child custody, child support, or alimony during the waiting period.
If there is a fault-based reason, like adultery, domestic abuse, or substance abuse problems in the marriage, quickly removing yourself and your children from these damaging circumstances may require you to file an action in court to maintain your safety and/or protect your assets. If this is true for your marriage, we can help you determine the next best steps to putting an injurious marriage behind you.
How Can I Keep My Spouse from Engaging in a High-Conflict Divorce?
At Daly Mills Family Law, our North Carolina divorce attorneys know that even if you did not have a high-conflict marriage, it may lead to high-conflict divorce. If you believe — or actually know — that your spouse is going to fight tooth and nail over every detail of your divorce, it is best to partner with a skilled divorce lawyer you can trust from the start.
When you trust your family law attorney, you can tell the truth about the details of your marriage, so those facts can be used to protect your future. It is not uncommon for spouses to threaten one another during a divorce — whether this behavior is used to intimidate the other into giving him/her what they want, or if it is just another way to make things harder for the other spouse — the law is the law.
That means it will be applied to your divorce to address each threat or challenge individually. If your spouse is threatening to “take your kids” they better have a good, legal reason behind their statement. Otherwise, it will remain an empty threat. We have the legal experience and skill our clients need to separate fact from fiction, so our clients can move forward with confidence.
Get Started with Expert Divorce Representation
Don’t navigate complex divorce matters alone. Our experienced team is ready to protect your interests and guide you toward a positive resolution.
We’re Ready To Fight For What You Hold Dear
Contact us online or call our office at 704-878-2365 to schedule a consultation with a knowledgeable divorce attorney.
