File for Divorce Matthews NC

Filing for divorce is one of life’s most difficult and personal decisions. It’s not just a legal action—it’s the start of a significant transition in your life, affecting your family, finances, home, and future stability. For individuals in Matthews, NC, understanding how the divorce process works and having the right legal support in place is essential to navigating this journey with confidence and peace of mind.

Divorce can be emotionally overwhelming, but the legal process doesn't have to be. From deciding when to file to preparing the necessary documents, serving your spouse, and addressing related issues like child custody or property division, there are clear legal steps that must be followed to ensure your divorce is valid and enforceable under North Carolina law.

In North Carolina, couples must meet specific requirements—such as a one-year separation and residency criteria—before filing. And while some divorces are uncontested and straightforward, others involve high conflict, complex finances, or child-related disputes that require careful planning and skilled legal handling.

Even the most amicable divorces can take unexpected turns. Missing paperwork, improper service, or filing errors can delay your case or lead to outcomes that don’t protect your rights. More importantly, without proper legal advice, you may overlook critical issues that affect your long-term financial security or parenting time.

Working with an experienced attorney from the beginning ensures that your filing is handled properly and that all the legal details—like support, custody, and property—are addressed proactively. You deserve a clear plan, honest guidance, and someone in your corner who’s focused on your future.

Legal Grounds for Divorce in North Carolina

No-Fault Divorce: One-Year Separation Requirement

North Carolina is a “no-fault” divorce state, which means that neither spouse has to prove wrongdoing to end the marriage. Instead, the state requires that spouses live separately and apart for at least one full, uninterrupted year, with at least one party intending for the separation to be permanent. During this time, you must maintain completely separate residences—not just sleep in different rooms.

This mandatory separation period is designed to give couples time to reflect on the decision and, in some cases, attempt reconciliation. However, once the year is complete, either spouse can initiate the divorce process—regardless of whether the other agrees.

Residency Requirements for Filing in North Carolina

To file for divorce in North Carolina, at least one spouse must have been a resident of the state for six months prior to filing. If you're living in Matthews, your divorce case will be filed through the Mecklenburg County Family Court, which handles all local family law matters.

Meeting the residency requirement ensures the court has jurisdiction—legal authority—to grant the divorce and rule on related issues such as custody or property division.

Divorce from Bed and Board: Fault-Based Legal Separation

While most divorces in North Carolina are no-fault, the law also provides for divorce from bed and board—a form of legal separation available in cases involving serious marital misconduct. Grounds for this type of separation include:

• Abandonment
• Cruel or abusive treatment
• Substance abuse
• Adultery or infidelity
• Turning your spouse out of the marital home

Divorce from bed and board does not end the marriage but can establish rights to property, support, or child custody while living apart. It may also help one spouse gain exclusive use of the home or receive financial protection during separation.

Step-by-Step Guide to Filing for Divorce

Prepare the Required Documents

To begin, you’ll need to complete several legal documents, including:

• Complaint for Absolute Divorce: This formally asks the court to dissolve your marriage.
• Verification: A sworn statement that confirms the facts in your complaint are true.
• Civil Summons: A court-issued notice to the other party that a lawsuit (the divorce) has been filed.

If you’re seeking other relief—such as equitable distribution, child custody, or alimony—those claims should be included in your initial filing to preserve your legal rights.

File Paperwork with the Mecklenburg County Clerk of Court

After preparing the documents, they must be filed with the Clerk of Superior Court at the Mecklenburg County Courthouse. You’ll pay a filing fee (currently around $225), though fee waivers may be available if you meet income-based qualifications.

Upon filing, the clerk will issue a case number and a stamped copy of the complaint and summons.

Serve the Other Spouse Properly

Next, you must legally serve your spouse with a copy of the complaint and summons. This can be done by:

• Certified mail with return receipt
• Sheriff’s service (an additional fee applies)
• Personal service by a process server
• Publication (only in rare, court-approved situations when the spouse cannot be located)

Improper service can delay your case or result in dismissal, so it’s essential to follow these steps precisely.

Wait for a Response (30-Day Period)

Once served, your spouse has 30 days to respond to the complaint. They can choose to:

• File an answer agreeing or contesting the claims
• Raise additional claims (such as requesting support or custody)
• Ignore the complaint, allowing the court to proceed without them

If no response is filed, you may request a default judgment.

Attend a Court Hearing and Receive Divorce Decree

If the divorce is uncontested and all requirements are met, a brief hearing will be scheduled—typically before a judge without a jury. At the hearing, you or your attorney will present evidence (usually just the complaint and separation timeline), and the judge may issue a final decree of divorce on the spot.

If additional claims are pending (like property division or custody), those issues will proceed separately, either through settlement, mediation, or litigation.

Handling Other Divorce-Related Claims

Equitable Distribution of Property and Debts

North Carolina courts use equitable distribution to divide marital assets and debts. This includes:

• Real estate (such as the marital home)
• Vehicles, bank accounts, and investments
• Retirement accounts and pensions
• Personal property and valuables
• Marital debt such as loans and credit cards

To ensure the court has jurisdiction to decide these matters, you must assert your claim for equitable distribution before the final divorce decree is entered. If not, the court loses the authority to divide property—even if you're entitled to it.

Spousal Support: Alimony and Post-Separation Support

If you depend on your spouse financially—or believe your spouse is trying to avoid support obligations—it's essential to file a claim for:

• Post-separation support: temporary financial support between separation and divorce
• Alimony: longer-term support that begins after divorce

Support is determined based on one spouse’s need and the other’s ability to pay, and the court considers factors like income, earning capacity, marital misconduct, and the length of the marriage.

Just like with property division, you must raise your claim for spousal support before your divorce is finalized—or you risk losing the right to pursue it later.

Child Custody and Child Support

Child custody and support are technically separate from the divorce action, but they are closely related and often filed at the same time. These include:

• Legal and physical custody arrangements
• Visitation schedules
• Child support obligations based on NC guidelines

These claims can be addressed through court orders, mediated parenting agreements, or consent judgments. The Goodman Law Firm ensures that your parenting rights and your child’s best interests are at the center of every decision.

Begin Your Divorce Journey with Strength and Support

Filing for divorce is more than just submitting paperwork—it’s a deeply personal decision that can reshape your future. Whether you're seeking to protect your children, your finances, or your peace of mind, how you begin this process sets the tone for everything that follows.

At The Goodman Law Firm, we believe that divorce should be handled with care, clarity, and confidence. A legally sound filing process not only ensures that your rights are preserved—it also allows you to move forward without fear, uncertainty, or avoidable mistakes. You deserve to feel supported, understood, and empowered every step of the way.

With The Goodman Law as your guide, you'll have a trusted advocate who combines legal precision with real compassion. Whether your situation is straightforward or filled with complexities, she’ll work with you to craft a plan that honors your goals and protects what matters most.

Ready to File? Contact Goodman Law Today

Filing for divorce is a major step—make sure you're guided every step of the way. Contact The Goodman Law to begin your divorce process with clarity and support.

📞 Call (704) 502-6773
📍 10020 Monroe Road, Suite 170-288, Matthews, NC 28105
🌐 www.goodmanlawnc.com
📧 kg@goodmanlawnc.com 

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