Divorce | Modern Legal

The attorneys with Modern Legal provide professional guidance through every stage of Divorce. Our team supports you with clear communication and genuine advocacy for a smoother transition.

Divorce: The Legal Dissolution of Marriage

Divorce: The Legal Dissolution of Marriage

Our Modern Legal team understands the legal process of changing your marital status from married to single; and more importantly, we know first-hand the complex questions and emotional challenges our clients endure during divorce. We prioritize communication and empathy to ensure you are informed and supported while you navigate your new normal. Let us help you transform your divorce journey into a more manageable experience. 

What is the Divorce Process

Maneuvering through the divorce process can feel overwhelming, but understanding its stages helps you regain control. 

The divorce timeline begins when separation becomes a viable option for one or both spouses, even before the date of separation. If you are thinking about separation with the possible goal of divorce, then it is critical that you understand your legal rights moving forward. Since a spouse’s legal rights and protections can change so quickly throughout the stages of separation and divorce, professional guidance from an experienced family law attorney should be the first step in any potential divorce process. 

If a lawsuit has not yet been filed, then discretion can ensure that a legal consultation with an attorney can help parties understand their options without further antagonizing the separation and divorce processes. In most cases, the sooner an attorney enters the process, the more amicable and creative the resolution is for all parties involved. If a lawsuit has been filed, then the next steps of the process are greatly dictated by the Court and applicable procedural rules. With a trusted family law attorney by your side, you can move forward with a clear strategy and road map for what lies ahead.

The divorce process often includes navigating family law issues such as equitable distribution, spousal support, child custody, child support, and more. You do not have to walk this road alone, the team at Modern Legal is here to help every step of the way.

Your Trusted Partners in All Family Law Matters

We navigate the complexities of family law with expertise and compassion, ensuring your rights are protected and your voice is heard throughout every step of your legal journey.

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We Are Dedicated to Protecting Your Family’s Future

We work tirelessly to secure the best possible outcomes for you and your loved ones, providing legal solutions tailored to your unique family dynamics and long-term goals.

The Modern Legal Attorneys are professionally trained legal thinkers, orators, and negotiators. With this skillset, they help each client navigate the judicial system to utilize the legal tools available for each client’s unique family situation.

Theresa and Deborah are Certified Family Financial Mediators. In this position, the Certified Mediator serves as a neutral third party to help parties develop an amicable resolution of negotiation through the Mediation Process.

Theresa and Deborah are Family Law Arbitrators. In this role, the Arbitrator serves as a neutral third party decision maker to help parties resolve their family law claims without the need of entering a courtroom and avoid the time, expense, and stress of contentious litigation.

Deborah is a uniquely trained Collaborative Law Professional. Collaborative Law is a unique, multi-disciplinary approach to resolve family law matters without court intervention. Each of our attorneys can assist clients that choose the Collaborative Law Process to address their legal needs.

Navigating Equitable Distribution

When property or debt has been acquired during the marriage, the family law claim of Equitable Distribution applies. 

In North Carolina and South Carolina, equitable distribution does not necessarily mean a 50-50 division of assets and debts, but rather a fair or “equitable” division of assets. To determine what is equitable, we first engage in accurate asset valuation and debt reconciliation to ensure each item is appropriately assessed – whether the item is real property, a loan, an investment, or personal property. This process helps establish a solid foundation for negotiation, mediation, or litigation.

At Modern Legal, our goal is to reach an appropriate asset and debt resolution that considers each person’s individual contributions to the marriage and their unique circumstances. Our family law attorneys guide you through these complexities with a compassionate approach, assuring your financial future is safeguarded. By understanding what equitable distribution truly involves, you can make informed decisions during a challenging time.

Child Custody and Visitation Rights

If spouses have children, the conversation over child custody and visitation rights is critical. 

Child custody matters are one of the most sensitive issues we address as family law attorneys during a divorce because they directly impact the well-being of the children involved. We understand that reaching a fair custody arrangement requires balancing the legal rights of both parents and the child’s best interests. 

We work closely with our clients to create parenting arrangements that provide for the child’s needs, offering guidance through negotiations or, if necessary, court proceedings. Outside of the courtroom, our team is committed to minimizing conflict and fostering cooperation between parents. By prioritizing open communication and transparency, we craft solutions that provide stability and security for the children, helping families adjust smoothly to new routines. However, when court intervention is necessary, our litigation attorneys ensure legal rights are properly asserted and emphasized in the courtroom to ensure the child’s best interests are prioritized. 

Spousal Support – Postseparation Support and Alimony

Maneuvering the intricacies of spousal support requires careful consideration of financial circumstances and needs. 

Determining spousal support is not a one-size-fits-all process; it involves thorough financial calculations that account for each spouse’s income, earning potential, and financial needs. We assess factors like the length of the marriage, standard of living, and each party’s financial resources to ensure a fair outcome. 

Our approach aims to support an equitable shift, helping both parties maintain financial stability after separation and divorce. If an amicable resolution can be reached, we believe spousal support obligations should reflect fairness versus financial strain. However, when a lack of financial support threatens a spouse’s financial security, court intervention may be needed. Navigating these legal boundaries can seem daunting and feel overwhelming, but an experienced family law attorney can guide you through the process.

Ready to learn more? Check out these resources.

Frequently Asked Questions

Navigating divorce can be emotionally and legally complex. Whether you are considering separation or ready to file, understanding your rights and responsibilities is essential. This FAQ provides clear, up-to-date answers to the most common questions about divorce in North Carolina.

No. Only one of the spouses must live (for at least six months before filing) in the state of North Carolina to file for divorce.

An Absolute Divorce is the legal term for a final, permanent divorce in North Carolina. It ends the marriage but does not necessarily resolve legal issues that come with marriage – such as property division, spousal support, or children.

You must be physically separated for at least one year and one day. The date of separation is created when both spouses are living under “separate roofs” —not just separate rooms—with at least one spouse desiring a permanent termination of the marital relationship.

No, in fact, you can start the legal process of resolving these legal and financial issues even before the date of separation. You may lose the right to ask the family court for an equitable distribution of property/debt or spousal support (such as Postseparation Support and Alimony) if you do not file those claims before the divorce is granted.

No, in fact, you can start the legal process of resolving these legal and financial issues even before the date of separation. You may lose the right to ask the family court for an equitable distribution of property/debt or spousal support (such as Postseparation Support and Alimony) if you do not file those claims before the divorce is granted.

As of 2025, the Absolute Divorce courthouse filing fee is $225, plus $10 if you want to resume a maiden name. Service fees, notice fees, and attorney’s fees are additional costs.

Not necessarily. You can file for divorce on your own using resources like the Legal Aid NC Divorce Packet. But if either spouse purchased property, incurred debt, became financially dependent on the other spouse, or if children were born to the spouses, legal advice is strongly recommended.

Yes. As long as you meet the separation and residency requirements, your spouse’s agreement is not required.

The Importance of Experienced Legal Representation

When the law and your family collide, it is important to have a dedicated family law attorney by your side.  

We understand the intricacies of family law and the challenges you face. Our team’s legal experience ensures every aspect of your case is handled correctly, especially when the legal road gets tough or proves exhausting. To us, it’s you that matters. We make certain you are informed and involved in every decision every step of the way!

Empowering You Through Every Step of Divorce

At Modern Legal, we are committed to making your divorce journey as smooth as possible. By helping you navigate complex issues like equitable distribution, child custody, and spousal support, we ensure your interests are protected. We believe in empowering you with the knowledge and support you need to move forward confidently. Our Modern Legal team can help transform this challenging time into a more manageable and positive experience.

We are Proud To Serve Families Across the Carolinas

  • Charlotte, NC
  • Waxhaw, NC
  • Mint Hill, NC
  • Weddington, NC
  • Monroe, NC
  • Belmont, NC
  • Gastonia, NC
  • Statesville, NC
  • Concord, NC
  • Greensboro, NC
  • Raleigh, NC
  • Durham, NC
  • Asheville, NC
  • Fort Mill, SC
  • Rock Hill, SC