Ashby Family Law

Divorce · Charlotte, NC

Divorce & Separation Lawyer in Charlotte, NC

If you're reading this, something has changed. You may have decided, or you may still be deciding. Either way, the next decision matters: who will represent you. We've handled hundreds of divorces in Mecklenburg County and the surrounding region — every kind of marriage, every kind of ending.

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The overview

How this works in North Carolina.

North Carolina is a no-fault state. To file for absolute divorce, you must have lived separately and apart from your spouse for one continuous year, and one of you must have been a resident of NC for at least six months. The waiting period is non-negotiable — but most of the work that defines your life after divorce happens before that year is up.

During the year of separation, the parties resolve (or litigate) the things that matter most: where the children live, what each spouse pays, how the marital estate is divided, and whether one spouse owes the other ongoing support. That work happens through negotiation, mediation, or in family court — and it's the work we do every day.

We represent both petitioners and respondents. Our practice is built around the proposition that calm, deliberate representation produces better outcomes than reactive ones — for your finances, your children, and the next chapter of your life.

Sub-issues

What we handle under divorce.

  • 01Contested divorce (litigated, often involving custody, support, or property disputes)
  • 02Uncontested divorce (when both parties agree on terms — we draft the separation agreement)
  • 03Military divorce (involving USFSPA, BAH, deployment custody, jurisdictional issues)
  • 04Same-sex divorce (post-Obergefell, with attention to pre-marriage cohabitation property issues)
  • 05Divorce with a closely-held business interest (valuation, separate vs. marital character)
  • 06Divorce with significant retirement and equity compensation (QDROs, RSUs, deferred comp)
  • 07Divorce involving relocation (out-of-state moves, custody implications under UCCJEA)
  • 08Annulments (limited grounds in NC — incurable impotence, prior undissolved marriage, etc.)

The process

What to expect.

Here's the path through a typical divorce matter in North Carolina. Your case may move faster or slower depending on the facts; the structure is consistent.

  1. 01 / 06

    Separation

    You and your spouse begin living separately and apart, with the intent that one of you not return. NC requires a full year before absolute divorce can be filed.

  2. 02 / 06

    Separation agreement or temporary orders

    We resolve custody, support, and property issues through a negotiated separation agreement — or, where necessary, by filing for temporary orders in district court.

  3. 03 / 06

    Equitable distribution & support claims

    If property and support haven't been resolved by agreement, we file claims for equitable distribution, post-separation support, alimony, child custody, and child support.

  4. 04 / 06

    Mediation & negotiation

    Most NC family law cases resolve through court-ordered mediation. We prepare extensively, mediate firmly, and settle when settlement serves you — and try the case when it doesn't.

  5. 05 / 06

    Filing for absolute divorce

    After the one-year separation, we file the verified complaint for absolute divorce. If unresolved, ED and alimony claims must be preserved before the divorce is granted.

  6. 06 / 06

    Final decree

    The court enters the divorce decree. Where appropriate, we also negotiate or litigate post-decree matters — modifications, enforcement, contempt.

Why a specialist

Why hire a Board-Certified Family Law Specialist.

North Carolina divorce law is procedurally unforgiving. ED and alimony claims must be preserved before the absolute divorce is entered, or they're lost forever. Date of separation drives property classification. Discovery deadlines run hard. A board-certified family law specialist isn't a marketing label — it's a designation that requires the State Bar's verification of substantial trial experience, peer review, and an examination administered by the NC State Bar.

11

Years exclusively in family law

200+

Cases handled annually

4.9★

Across 217 Google reviews

Recent results

Recent matters in this practice area.

View more results →
Divorce
01

Situation

Charlotte tech executive, 14-year marriage, two children, complex equity compensation including unvested RSUs and ISOs.

What we did

Negotiated separation agreement with detailed RSU/ISO vesting allocation, valued the closely-held interests, and structured a tax-efficient property division with a transition-period support component.

Outcome

Equitable distribution finalized without litigation. Client retained primary residence and >$1.4M in protected separate-property assets correctly classified.

Past results do not guarantee future outcomes. Each case is unique.

Divorce
02

Situation

Out-of-state relocation request after a contested separation, school-aged children, custody dispute spanning two jurisdictions.

What we did

Litigated through full ED and custody trial in Mecklenburg County District Court. Engaged a child psychologist and presented the relocation plan with supporting evidence under the NC Ramirez factors.

Outcome

Court approved the relocation with a custodial schedule that preserved the relationship with the non-custodial parent. Trial verdict not appealed.

Past results do not guarantee future outcomes. Each case is unique.

Common questions

Common questions about divorce in NC.

These are the questions we hear most often. Your situation may be different — we’d encourage a confidential conversation.

Meet your attorney

Who handles this work.

At Ashby Family Law, divorce matters are handled by Jordan. Read more about jordan's background and experience.

Editorial portrait of attorney Jordan Ashby in natural light

Jordan Ashby

Founder & Managing Partner

Founder of the firm. Eleven years exclusively in NC family law. Board-Certified Family Law Specialist; UNC School of Law, 2014.

Read full bio →

Related practice areas

Other ways we may be able to help.

Equitable Distribution

Property classification, valuation, tracing, and division.

Learn more→

Alimony / Spousal Support

Post-separation support and long-term alimony in NC.

Learn more→

Schedule a Confidential Case Evaluation

Schedule a Confidential Case Evaluation about your divorce or separation.

Free. Thirty minutes. Your situation, our perspective. No obligation.

Schedule a Confidential Case Evaluation(704) 555-0182Call

Monday – Friday · 8:30 AM – 6:00 PM

Past results do not guarantee future outcomes. Each case is unique and depends on its facts and circumstances.

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