Charlotte Same-Sex Divorce Lawyer

When you work with our attorneys, you can rest assured that you are being represented by a knowledgeable legal team with a deep comprehension of the implications of a same-sex divorce.

Whether you are concerned about property division post-divorce or you need assistance securing a fair child custody and visitation agreement, Plumides, Romano & Johnson, PC, ensures that your post-divorce needs and contributions during the marriage are adequately assessed.

When you get married, divorce is the furthest thing from your mind. Separation is a reality that many North Carolinians are facing, however, with the rate of divorce in the state at 8.15 per 1,000 people in 2025. To obtain an absolute divorce in North Carolina, which means that the marriage has legally ended, one of the spouses should have resided in the state for at least six months, and both spouses should have been separated for more than a year.

Although the divorce process in North Carolina is generally the same for both same-sex couples and opposite-sex couples, same-sex spouses may face additional hurdles depending on the details of their situation. These include: 

• Location of Marriage: This could lead to ambiguities related to the start of the marriage if it occurred outside of North Carolina and before the legalization of same-sex marriage in the state in 2014.
• Pre-Marriage Legal Status: Same-sex couples who were in a domestic partnership or civil union before their marriage and outside of the state may face challenges proving the duration of the union. This may affect how property is divided and if and how much alimony is awarded.
• Child Custody and Parental Rights: For same-sex couples with children, deciding on matters of custody and visitation can become complicated, particularly when one of the spouses is the biological parent and if legal parentage has not been established for the other party.

Failing to account for these factors can significantly impact the outcome of the divorce agreement. One of the spouses may be left without proper visitation or custody rights, especially when legal parentage is unclear.

The financial implications of a divorce are also serious. Without proper legal guidance, one spouse may be left at a disadvantage in terms of property division, child support, and alimony.  In today’s economic climate, with North Carolina seeing a 2.3% increase in consumer prices over the past year, ensuring you receive a fair financial settlement following your divorce is critical.

Q: How Can Same-Sex Couples Get a Divorce in North Carolina?

A: To get a divorce in North Carolina, same-sex couples must follow the same process that is followed by heterosexual couples. Couples can file for absolute divorce as long as one of the spouses has resided in North Carolina for six months and both have been living separately for over a year.

Divorce is initiated through a complaint filed with a North CarolinaCourt, and a copy of the complaint and a summons must be served on the  other party.

Q: What Makes Same-Sex Divorce More Complicated?

A: Same-sex couples enjoy similar rights as opposite-sex couples when it comes to divorce. There are some considerations to keep in mind when pursuing a same-sex divorce in North Carolina. For instance, same-sex couples who were married, in a domestic partnership, or in a civil union before the legalization of same-sex marriage in North Carolina may have difficulty establishing the date of the marriage.

Ambiguities related to legal parentage can also arise when drafting a child custody agreement.

Q: Does It Matter Who Files for Divorce in North Carolina First?

A: No, it does not matter who files for divorce first in North Carolina. When one of the spouses submits a divorce complaint to the county court, they must inform the other party of the action by serving them with the complaint and a summons. The other party has a period of time to respond to the complaint.

Q: Can a Spouse Contest a Divorce in North Carolina?

A: No, a spouse cannot contest a divorce in North Carolina. North Carolina is a no-fault divorce state, meaning that a spouse can file for absolute divorce once they have been separated from their spouse for over a year. Only when petitioning for a Divorce from Bed and Board does fault come into consideration.

At Plumides, Romano & Johnson, PC, we offer caring and effective family law solutions for same-sex couples living in Charlotte. If you are facing a divorce or navigating a complex child custody dispute and need legal guidance tailored to your distinct family dynamics, our seasoned attorneys are available to help.

Do not risk your family’s future by tackling a same-sex divorce on your own. Let our knowledgeable Charlotte same-sex divorce lawyer guide you through the process with clarity and care. Contact our office today to schedule a consultation. Hablamos español!