Family Law

Family Law Attorney in Charlotte, NC

Family law cases in Mecklenburg County move through District Court, and how they're handled — from the initial scheduling order to temporary hearings on custody and support — depends significantly on local procedural norms that aren't captured in the statutes alone. North Carolina's Equitable Distribution Act (N.C.G.S. § 50-20) governs how marital property is classified and divided, but the analysis in a contested case involves tracing separate property, valuing closely held businesses, and addressing appreciated assets in ways that require both legal and financial fluency.

Family Law Cases Handled in Charlotte

Montgomery & Hart's Charlotte office handles the full range of family law matters filed in Mecklenburg County District Court, with a practice that focuses heavily on family law across both the Charlotte and Columbia offices.

  • Divorce — including absolute divorce, post-separation support, and alimony under N.C.G.S. § 50-16. North Carolina requires a one-year separation period before a divorce can be finalized; how that period is documented matters when support and property division are contested
  • Child custody and parenting plan disputes — including initial custody determinations, emergency custody motions, and modifications when a substantial change in circumstances has occurred
  • Child support calculations under the North Carolina Child Support Guidelines, including cases involving self-employed parents, variable income, or imputed earning capacity
  • Parental rights — including termination proceedings and paternity establishment
  • Prenuptial and postnuptial agreements — drafting and enforceability review under North Carolina law

Why Court Familiarity Matters

Contested custody and high-asset divorce cases in Mecklenburg County involve procedural timelines, judicial preferences, and local standing orders that shape strategy from the first filing. Knowing how the court handles temporary custody hearings, what documentation judges expect at equitable distribution trials, and when mediation is mandatory versus discretionary affects how a case is built — not just how it's argued.

Montgomery & Hart attorney Justin Montgomery has handled over 500 family and criminal cases and is recognized by The National Trial Lawyers Top 40 Under 40. Meet the attorneys →

The firm also handles criminal defense, estate planning, and personal injury matters for Charlotte-area clients. Spanish language services are available. Contact us to schedule a consultation.

 

Our Family Law Services

Family law is all about family relationships and how to resolve disputes and disagreements pertaining to them. The most common issue in family law, no matter whether you live in North or South Carolina, is divorce. Divorce is often the most difficult issue you will ever face because it involves the separation of two people physically, emotionally, financially, and as parents, when children are involved. Many decisions will have to be made throughout the process. These decisions often must be sorted out between you and your spouse after years of dissension and disagreement. 

Our firm is ready to give you honest advice while we help you navigate the process of resolving child custody, child support, the division of marital property and debt, alimony, and the many various other issues pertinent to your marriage. 

We can also assist you with parental rights issues, whether you are separated, have never been married, or believe your custody rights are being unfairly represented in an ongoing divorce or post-divorce situation. Parental rights may involve the issue of paternity, a parent violating current family court orders, the need to modify current custody orders, or an investigation by Child Protective Services. 

Finally, we can help you negotiate and draft the terms of your prenuptial agreement to ensure that the financial arrangements you wish to occur should your marriage end in divorce will be implemented. 

Throughout it all, we will give you the direct and personalized service you need in all phases of your case. Our team will always strive to help you resolve issues outside of the courtroom, to save you time, money, and stress. However, should your case require the court process, we will be by your side during all hearings with a well-prepared case designed to help you achieve the best possible result. 

Request a confidential consultation with a Charlotte and Columbia family law lawyer at the Law Office of Montgomery and Hart by calling (980) 243-4470 or sending us a message. Hablamos español.

Why Choose us?
  • Direct Access to Attorney
  • Flat Fees and Upfront Costs
  • Strong Ties & Involvement In the Community
  • Spanish Speaking Services Available
  • The Go-To Law Firm for Family & Real Estate Law

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