Divorce can be one of the most stressful times in your life. Unless you have been divorced before, you may not know what to expect from the process. You might be feeling scared and unsure of how to navigate the process in a way that will be best for you and your family. A knowledgeable divorce attorney will help guide you through the procedure. Here are some tips for getting through the end of your marriage.
Prepare for Divorce
North Carolina requires married couples to live apart for a period of at least a year before they divorce. The first thing to do is to start making lists and locating documentation about your property, bank accounts, bills, loans, etc. Make a list of separate property and marital property. Separate property includes anything you owned prior to marriage. Marital property includes assets you obtained after you wed. Separate property, inheritances, and gifts belong to you and do not have to be part of the distribution of assets in a divorce.
Try to Be Fair
In North Carolina, the law provides for divorcing couples to divide their assets and property in an equal manner. Couples are supposed to distribute their property in a fair and equitable manner. They are also tasked with coming to an agreement regarding child custody and visitation. Keep in mind that both parties are considered equal, and therefore, they should each end up with about the same amount of property and be allowed to spend time with their children. If you are unreasonable, it could cause the divorce to take more time, become more expensive, and result in more strife.
You may be inclined to fight hard for certain items of property that you feel belong to you. At the same time, your spouse may be using property to cause problems or to push your buttons. Since property division is based on equity, the end result will likely be the same whether you scuffle over the details or not. It is helpful to let some of the minor details go and choose to dispute only those issues that are really important. Discuss your expectations with your attorney to put things into proper perspective.
Communicate with Your Spouse
While communication with your spouse may be one of your marriage’s downfalls, it is imperative to be able to adequately talk to your spouse regarding the settlement terms of your divorce. The better you are at discussing the main elements of your settlement, the easier your divorce is likely to be. Your divorce attorney will help guide the process and can act as a buffer between you and your spouse. If you are having trouble getting issues resolved, your attorney may be able to work with your spouse’s attorney to resolve them.
Seek Assistance
Your attorney can be of great assistance, especially when trying to work through disagreements. In some cases, disputes can become quite contentious. When that happens, it may be best to seek mediation. A mediator is a trained professional who facilitates dispute resolution between divorcing parties. It is a good idea to try to take care of disagreements as soon as possible before they cause problems with the divorce process.
If you are starting the divorce process, you may have many questions and concerns. We are here to help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
https://www.investopedia.com/terms/m/maritalproperty.asp
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https://www.freeimages.com/photo/knife-cutting-through-bride-and-groom-on-wedding-cake-2289594
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