Deciding when to embark on the difficult path of divorce can be one of the most overwhelming and complicated aspects of family law.
This monumental decision becomes even more intricate when considering the interests of children. It’s normal to have a lot of questions such as:
- When is the best time to get divorced?
- Should you tell your spouse right away?
- What about the impending holiday season, does that make a difference?
It’s important to understand that your individual needs and goals are likely somewhat unique. As such, we think it’s a good idea to seek professional legal guidance early on to help navigate the delicate timing of divorce.
At the Powers Law Firm, our team of family law attorneys understands the complexities and sensitivities involved in divorce proceedings.
We are here to provide support and compassionate counsel every step of the way.
Our goal is to help clients make informed decisions and navigate the legal process with confidence, no matter the timing or circumstances – Bill Powers, Family Law Attorney
So whether you are considering divorce in the fall, during the holiday season, or any other time of year, it’s an honor to serve as legal counsel during this challenging time.
Because at the end of it all, our client’s well-being and future happiness are priorities.
Please don’t hesitate to reach out to the Powers Law Firm for guidance and support on your journey towards a new tomorrow. We truly enjoy helping people.
The Importance of Legal Guidance
When approaching a topic as sensitive as divorce, many individuals feel overwhelmed by the enormity of the decision and its implications.
This is why, at the Powers Law Firm, we emphasize the importance of seeking legal counsel at the outset.
We think it’s a good idea to talk to a lawyer before making any decision, especially when it comes to disclosing you want to end the marriage. After meeting with a lawyer, you will likely better understand why timing can be crucial – Bill Powers, Divorce Lawyer
In the realm of divorce, knowledge is more than power; it is the foundation for making informed choices.
Many facets of a marriage, from property ownership to childcare, intertwine with complex legal issues.
We’ve found a fair number of clients are initially unaware of their legal rights and the obligations they might face in the event of a separation and eventual divorce.
By connecting with legal counsel, you’ll gain a clear overview of what to expect and how to protect your best interests.
Children at the Heart of the Matter
Parents instinctively seek to shield their children from life’s harsher realities.
The complexities of explaining divorce, with its mix of legal jargon and possible emotional upheavals, can be particularly daunting.
It’s not just about finding the right words, but also about anticipating and addressing the myriad of questions and concerns your kids may have.
Children, with their keen observance, may already sense when something is amiss.
The early fall, with its return to routine, can offer a semblance of normalcy.
However, the looming specter of the holidays also presents a challenge.
By taking the time now, in the fall, to lay the groundwork for forthcoming changes, parents can help ensure their children have the support and resources they need when navigating the holiday season.
Charlotte-Mecklenburg schools and the surrounding school districts in Union County NC, Iredell County, and Gaston County may be able to provide counseling services.
Planning and timing can be extremely helpful in explaining things to children, allowing them to process information and respond.
The Financial Landscape of Divorce
Financial considerations are an important aspect of the divorce process.
Whether it’s allocating assets, determining alimony, or ensuring child support, money can be a recurring theme.
While the holiday season is a time of generosity and celebration, it’s also may be a period of significant financial outlay for many families.
Layering divorce proceedings, with their associated costs, on top of holiday expenses can be daunting, if not overwhelming.
This potential for financial strain, even in financially stable marriages, underscores the importance of careful consideration and preparation.
Fully understanding your current financial standing, while also forecasting future needs and obligations, is incredibly important. One of the most common factors in the divorce decision itself often hinges on financial difficulties- Bill Powers, NC Divorce Attorney
Embracing a New Tomorrow
The path to divorce is rarely linear.
It zigs and zags, presenting unforeseen challenges and unexpected moments of clarity.
At the Powers Law Firm, we’ve witnessed firsthand the resilience of the human spirit, the capacity for growth, and the profound ability to rebuild and redefine.
As the leaves in North Carolina shift from green to hues of gold and amber, they echo the ever-present potential for change and renewal.
Divorce, while undeniably challenging, also represents a new beginning.
It’s an opportunity to refashion one’s life narrative, to learn from past experiences, and to stride forward with newfound wisdom and grace.
The Powers Law Firm stands as an ally in this journey, offering legal guidance, support, and a deep commitment to championing the best interests of our clients.
When should you tell your spouse?
Understanding your rights and obligations during a divorce is crucial.
Before initiating a discussion about divorce with a spouse, it makes sense to seek legal counsel.
The reason for this is not deception but rather a desire to approach such a life-changing conversation with a comprehensive understanding of the NC divorce laws, local rules, and the process of legal separation and divorce.
Knowledge of North Carolina’s family laws, marital rights, financial obligations, and child custody nuances helps ensure that you do not inadvertently compromise your position or the well-being of your children.
Moreover, given that emotions can run high during these discussions, being well-informed may prevent potential missteps, unnecessary vitriol and anger, or misunderstandings.
Is Fall the Best Time to Get a Divorce?
The well-being of children often sits at the center of divorce considerations.
As summer fades and the crispness of early fall descends, children everywhere are settling into the rhythms of the new school year.
This period of relative stability, marked by the establishment of routines, offers a unique window for introducing potentially disruptive news.
The structures of school, the support of teachers, and the availability of counseling resources can provide children with essential tools to navigate the emotional complexities of their parents’ separation.
This timing also provides ample opportunity for children to process and adjust before the emotional intensity of the holiday season.
Shouldn’t I wait until after the holidays?
The holiday season, rich in traditions and family gatherings, adds another layer to the divorce timing conundrum.
The prospect of navigating Thanksgiving dinners, Hanukkah, or Christmas morning under the shadow of an impending separation can be daunting.
Yet, there’s more to consider than just the emotional aspect.
The financial implications of the holidays, combined with the potential costs of divorce proceedings, could strain resources.
Prolonging an unsatisfactory marital situation for the sake of holiday harmony might exacerbate underlying tensions, casting a pall over what should be joyous occasions – Bill Powers, Divorce Attorney
What you need to know about Legal Separation in NC
The NC divorce laws generally mandate a separation period of one year before a couple can officially obtain a divorce.
This underscores the importance of early discussions and preparations.
Beyond just abiding by the timeline, there are often numerous logistical tasks that require attention.
Foremost among these is the comprehensive documentation of marital assets. Alimony, Equitable Distribution, Post Separation Support (PSS), and Child Support are relatively complicated issues to work through.
While you may already have in mind what is fair or appropriate, it’s important to understand that may not be consistent with the law in North Carolina. Your spouse likely also has some thoughts on the matter – Bill Powers, Divorce Lawyer
Thoughtful preparation facilitates smoother legal processes, helping limit the potential for roadblocks and disputes that could delay the proceedings.
The journey toward divorce is often multifaceted, intertwining legal, emotional, and logistical considerations.
At the Powers Law Firm, we stand ready to offer guidance and support as you navigate this challenging time.
Remember to stay informed, seek legal counsel early on, and prioritize your well-being – a new tomorrow awaits.
Helpful Information about Divorce in North Carolina
- Separation, Divorce and Your Child: Academic Performance
- What you need to know about Alimony in NC
- Considering Divorce? Here’s Where to Start
- Why You Should Consult a Divorce Lawyer Early On
- Collaborative Divorce and Settlement Negotiations
- Who gets the kids? Child Custody in North Carolina
- NC Divorce and Alimony Laws
- What is Equitable Distribution and Why is it so important?
- How much is Child Support in North Carolina?
- Tips from a Charlotte Divorce Lawyer
- What kind of lawyer do you need for a divorce?
- Surviving the Holidays – A Divorce Lawyer’s Perspective
- Do you need protection from your spouse?
Divorce is rarely easy, but grey divorce – the term for couples over 50 who split up – can be particularly difficult.
The emotional, financial, and logistical challenges may seem daunting at first, but with these tips, you can help make the transition smoother:
1. Take your time
Don’t rush into any decisions. Take the time to reflect on what went wrong and how you want to proceed.
2. Immediately seek legal representation
Divorce laws, procedures, and outcomes can vary greatly from state to state, so it’s important to get advice from an experienced attorney near you who is familiar with the NC divorce laws and local protocols.
Do not assume divorce in North Carolina will be the same as in other states such as South Carolina, Georgia, or Virginia.
An unbiased, realistic assessment from an attorney will help you make informed decisions and protect your interests throughout the divorce process.
The sooner you have legal representation, the better. There are often important steps to take to protect yourself before you say, ‘I want a divorce’ – Bill Powers, Charlotte Divorce Attorney
We can help explain your legal rights, responsibilities, and options.
3. Talk to a therapist
Divorce can be stressful, no matter your age or the length of your marriage.
That’s particularly true if there are allegations of marital infidelity, sexual misconduct, or abuse.
Don’t be afraid to seek professional counseling if you are struggling with grief, depression, and anger.
A therapist can help you find ways to cope with the stress and transition into a new way of life.
4. Educate yourself on finances
Divorce often brings substantial financial changes, so it’s important to be as informed as possible about your finances.
Before making any big “life decision,” it is imperative to fully under how assets are divided in a divorce – Bill Powers, Divorce Attorney
You should also be aware of the implications of tax laws and insolvency laws, which can affect your estate planning, retirement accounts, and other financial matters.
5. Talk to a financial adviser
Financial advisers can help provide sound advice for managing assets during and after the divorce process.
They can also offer tips for creating a budget and developing an achievable long-term financial plan.
Having a good understanding of your finances will help you make the best decisions during this time of transition.
We often recommend clients work with a financial planner who has no prior relationship or fiduciary relationship with your spouse. Confidentiality is important – Bill Powers, Mecklenburg Divorce Lawyer
6. Get organized
The divorce process is ordinarily quite complex. Having all the necessary documents in one place will help things proceed more smoothly and in a timely fashion.
Gather all of your financial records and documents, such as tax returns, bank accounts, investments, pensions, and insurance policies.
This will provide a clearer picture of your potential post-divorce income and expenses and help your lawyer understand your financial condition.
7. Set boundaries
In any divorce, especially one involving couples over 50, it’s a good to set boundaries with your soon-to-be ex-spouse so that both of you can move on with your lives.
Keeping communication civil is key.
Avoid unnecessary conflicts and acrimony. It’s OK if you don’t agree on everything.
If you find yourself in need of additional support, consider reaching out to friends or family members who can provide a different perspective and help guide you through the process.
8. Consider Collaborative Divorce
Collaborative divorce is a process that allows for both spouses to work together in resolving the issues of their divorce without litigation.
It’s an alternative dispute resolution method that can lead to faster and less costly results than traditional litigation.
By working with a qualified collaborative law attorney, you may be able to settle the issues in your divorce without having to go to court.
Collaborative divorce is an effective way to reduce stress and create a peaceful resolution for all parties, especially those over 50 who are facing unique challenges during their divorce – Bill Powers, Charlotte Collaborative Divorce Lawyer
Bill Powers is a member of the International Academy of Collaborative Professionals and the Charlotte Collaborative Divorce Professionals.
9. Make a plan for living expenses
As soon as you decide to divorce, make sure you have a plan in place for how you will cover living expenses during and after the divorce process.
This may involve budgeting, carefully monitoring cash flow, and/or seeking Post Separation Support (PSS) and Child Support.
10. Embrace the new you
Your divorce may be an opportunity to start fresh and redefine who you are.
You may find that it gives you the freedom to pursue interests and activities that were once put on hold – Bill Powers, Divorce Attorney
Take this time to explore what makes you happy, and find a new sense of purpose and fulfillment.
No matter what the future holds, remember that you are in control of your life, and there is no better time to start fresh than now.
By taking the time to plan ahead, you can ease some of the stress that comes along with gray divorces.
With careful consideration and professional advice, you can move forward in life without missing a beat.
Do I need to change my will?
It’s a good review and update your will after you have gone through a divorce.
Provisions in a pre-divorce will may no longer be valid (or appropriate) once the divorce is finalized.
For example, if your spouse is named as a beneficiary or executor of your will, it may be necessary to choose someone else for those positions.
Additionally, any bequests that were made to your former spouse very well may need to be updated or removed from your will and codicils to your will.
It is also important to update any health care directives (Declaration of Natural Death), Power of Attorney, and Medical Power of Attorney documents after a divorce, as such materials commonly contain provisions relating to your spouse that may not be appropriate post-divorce.
If you have any questions about the specific documents that need to be revised, it is best to consult with an attorney who can review your situation and advise accordingly.
In summary, it is important to review and update any estate planning documents after a divorce.
This is to ensure that the documents reflect your current wishes. An attorney can provide guidance and assistance on how to update your documents in order to protect your estate and legacy.
Who gets the house?
When it comes to who gets the house in a divorce, it depends on the specific facts and circumstances of your marital estate.
In many, if not most instances, the primary dwelling will be part of the marital estate. The division of real property is often one of the most important aspects of ED (Equitable Distribution) – Bill Powers, Charlotte Divorce Lawyer
Under the North Carolina divorce laws, the Court (the Judge) will divide the marital estate through something called Equitable Distribution.
A District Court Judge in North Carolina settles legal and factual disputes. Juries are not involved.
Classify, Value, and Distribute – CVD
The Court must first classify the property, determining whether it is a jointly held asset and part of the marital estate or separate property.
Separate property is not subject to equitable distribution in North Carolina, and therefore remains the property of the party who owns it.
Once the Court classifies the marital estate, the next step involves determining the value of the property/asset.
Thereafter, the Court (the Judge) will then determine how to distribute the assets through a process called equitable distribution.
What is Equitable Distribution?
Equitable Distribution is a process used by the Court to divide marital assets (the marital estate) during a divorce in North Carolina.
This division of property must be fair, but not necessarily equal.
In determining the division of assets, the Court will consider several factors, such as the length of the marriage, each spouse’s contributions to the marital estate, their incomes, and earning potential.
The Court will also consider if either party intentionally wasted or destroyed marital assets prior to the divorce (marital waste).
“Equitable” doesn’t necessarily mean equal or fifty-fifty; the Court can consider various factors when determining the division of assets and is given broad discretion under N.C.G.S. Chapter 50.
This means that the Court may not necessarily divide the assets 50-50, but rather it will use its discretion to decide what is “equitable” given the unique nature and circumstances of the marriage.
What is considered during Equitable Distribution?
The Equitable Distribution Factors in North Carolina include things like:
(1) the income, property, and liabilities of each party;
(2) Each spouse’s contribution to the acquisition, preservation, or appreciation of property;
(3) Prior support obligations of either spouse;
(4) The needs of custodial and dependent children, if any;
(5) The age and health of each party; and
(6) Any other factor which the court deems relevant.
To be clear, Equitable Distribution only becomes necessary if the parties are unable to come to an agreement and/or are unwilling to sign a Separation Agreement.
ED is a notoriously complicated area of law. Your financial future deserves the attention of an attorney who will carefully review the full measure of the marital estate – Bill Powers, Equitable Distribution Attorney
What happens to retirement accounts?
Generally, contributions made to a retirement plan while married are often considered marital property and divided during divorce proceedings.
There are important exceptions. Each marital estate, like each client, is unique.
Retirement accounts may include funds from an employer-provided pension plan or 401(k).
It is important to consider any tax implications and withdrawal penalties that may arise from transfers of assets held in retirement accounts.
In some circumstances, retirement accounts owned prior to marriage and not made part of the marital estate, may not be considered marital property and thus would not be part of a divorce settlement / Equitable Distribution.
Each state has its own laws governing how these assets should be divided. It’s best not to assume North Carolina’s divorce laws are the same as other jurisdictions, even neighboring states like South Carolina, Tennessee, and Virginia.
Ultimately, it is important to speak with an attorney regarding the specifics of your case.
Family law attorneys can help provide guidance on how a divorce will impact you and ensure that your legal rights are protected throughout the process.
Financial Considerations in Gray Divorce
In addition to Equitable Distribution, there are other financial considerations that should be made when it comes to a gray divorce, including issues such as:
- Retirement Funds / Retirement Savings
- Social Security Benefits
- Inherited Property
- Vacation Homes / Investment Property
- Rental Income
- Family Businesses / Closely Held Corporations
- Health Insurance
- Dependant Adult Children
- Education Savings / 529 Plans
- Stocks / Bonds / Certificates of Deposit
- Deferred Income Sources
- Disability Insurance / Life Insurance
Charlotte Divorce Lawyers – Powers Law Firm PA
At Powers Law Firm PA, our family law attorneys understand the emotional and financial complexities of a grey divorce.
We’re dedicated to compassionate, zealous legal advocacy and encourage ADR when appropriate – Bill Powers, Charlotte Divorce Attorney
If you are facing a divorce, the family law attorneys at Powers Law Firm PA may be able help.
We understand the financial and emotional stress that such an event can bring and will work to make sure your rights are protected throughout the process.
**Prior to discussing any family law matter, our firm will conduct a conflict check to confirm the availability of the firm for legal representation. We charge consultation fees, hourly rates, and often require a True General Retainer to retain the law firm for family law cases.
We help clients with legal issues involving:
- Legal Separation
- Separation Agreements
- Child Custody
- Child Support
- Post Separation Support – PSS
- Equitable Distribution
- Domestic Violence Protective Orders – DVPO – 50B
- Alienation of Affection / Criminal Conversation
Thinking about separation? Considering Divorce? Not sure what to do?
If so, you’re not alone.
According to the latest statistics, more than 50% of marriages in the United States end in divorce.
While the divorce process may seem daunting, it’s important to remember that many couples who divorce eventually find happiness in their new lives.
A lot can depend on how things end with the present marriage.
If you’re considering getting divorced, we think it’s a good idea to start by gathering information and establishing a well-thought-out plan.
In this blog post, we’ll discuss the steps you may want to take before telling your spouse, “I want a Divorce.”
When is the best time to get divorced?
This is a difficult question to answer, as divorce proceedings are often quite unique.
However, there are some steps that you can take to help make sure that you’re making the best decision for yourself and your family:
1. Talk to an Attorney
It’s important to talk to an experienced divorce lawyer about the specifics of your case before making any decisions or filing any paperwork.
2. Educate Yourself
It’s also important to educate yourself about the divorce process and any local rules, protocols, and forms that may apply to your legal matter.
For example, the Mecklenburg County Local Rules of Domestic Court are thirty-six pages long and can be quite confusing if you’re not experienced with navigating our legal system.
4. Gather Documentation – Materials
An incredibly important aspect of divorce involves gathering materials and documentation.
In order to provide sound legal advice, divorce lawyers need information.
We need to understand and review things like temporary living arrangements, any proposed settlement agreement or separation agreement, and determine whether there is a history of domestic violence, substance abuse, or marital unfaithfulness. Most people don’t realize how truly complex a marital estate can be – Bill Powers, Charlotte Divorce Lawyer
We regularly ask clients to provide materials and documents, including but not limited to:
- Financial Statements – Bank Accounts, Checking and Savings Accounts
- Summaries of Marital Assets
- Credit Card Statements
- Student Loans
- Employee Benefits Handbooks
- Retirement Account Statements
- Life Insurance Policies
- Important Financial Documents
- Marital Property
- Separate Property
- Joint Accounts – Individual Accounts
- Marital Assets – Cars, Jewelry, Homes, Investment Properties
- Living Expenses – Copies of Budgets
- Mortgage Documents – Deeds, Promissory Notes
3. Consider Your Options
You should carefully consider all of the options available to you, such as divorce mediation or collaborative divorce, before making any decisions.
An experienced divorce attorney can help explain the process and what to expect.
To be clear, separation and divorce fall within the category of a “major life change.”
4. Create a Budget
You should create a budget that takes into account the cost of living, as well as any attorney or court fees associated with filing for divorce.
5. Seek Counseling
If you are struggling to make decisions about whether to stay married or file for divorce, it may be helpful to seek the advice of a counselor or therapist.
Ultimately, it’s important to remember that each situation is unique and that you should carefully consider all of your options before deciding whether or not to divorce.
In addition, it’s imperative to be honest with yourself about why you are considering a divorce and what is truly important to you.
If you are considering a divorce, it’s important to take the time to make sure that you have all of the information and resources necessary to make an informed decision.
This can include talking to an experienced lawyer and seeking counseling if needed.
Family law attorneys encourage clients to consider their options, educate themselves, and create a budget.
That way, you can ensure that you make the best decision for yourself and your family.
Are there things to avoid?
When considering a divorce, there are certain things that you should avoid both in the short-term and long term.
In the short term, it’s important to avoid making any hasty decisions or rash statements while discussing your potential divorce with your spouse.
This can lead to unnecessary conflict and hurt feelings between both parties.
Additionally, it’s a very good idea to avoid talking negatively or harshly about your spouse with friends and family and especially your children.
This can create an unproductive atmosphere and make it more difficult to reach an amicable agreement between both parties.
In the long term, avoid making any major financial decisions before discussing them with a lawyer who is familiar with the NC Divorce Law.
That may include things such as:
- Marital Debt – Credit Cards, Medical Bills, Student Loans
- Marital Assets – Bank Accounts, Vehicles, Cash on Hand
- Marital Home – Investment Properties, Beach and Mountain Homes
- Child Support
- Life Insurance Policies
- Health Insurance
- Retirement Accounts
- Marital Property / Separate Property
Avoid taking any drastic actions or steps, such as changing your will or the beneficiaries of insurance policies, before consulting with a lawyer.
Finally, it’s important to avoid making any rash decisions about custody arrangements for children without discussing it with both parties and ensuring that everyone is in agreement about what works best for the family.
To be clear, there may be disputes about Child Custody and Support.
The family law attorneys at our office prefer to recognize and anticipate potential areas for disagreement and plan a course of action, as opposed to attempting to correct a misstep after it’s been taken.
By avoiding these things, you can ensure that the divorce process is smoother and more amicable.
What are things people don’t think about before getting divorced but they should?
1. Finances: Most people don’t think about their finances before getting divorced, but it is essential to understand the financial implications of a divorce, such as the division of assets, alimony, and child support payments.
2. Child Custody: It’s important to consider who will have custody of any children involved in the divorce and the appropriate parenting plan.
3. Communication: Going through a divorce can be a highly emotional process, and it’s important to consider how you will communicate with your ex-spouse throughout the process.
Having an effective method of communication can help reduce arguments and misunderstandings.
4. Legal Representation: It’s important to have legal representation throughout the divorce process.
It makes sense to choose an attorney who you trust and who is experienced in your particular legal matters.
5. Mental Health: Going through a divorce can take an emotional toll on both parties involved.
It’s important to consider the mental health of all parties involved and seek counseling or therapy if needed.
6. Effects on Children: Divorce can be especially hard on children, so it’s important to consider how the divorce will affect them emotionally and physically.
Make sure to discuss any changes with your children ahead of time and include them in the decision-making process where appropriate.
How long does it take to get divorced?
The length of time it takes to get divorced can vary greatly, depending on the complexity of the case and the willingness of both parties to reach an agreement.
The North Carolina Divorce Law requires a minimum period of legal separation of one year.
While many, if not all, the legal issues involving a pending divorce may be settled by way of a Separation Agreement, with limited exceptions and at minimum, a divorce will take one year in North Carolina before the Court (the Judge) may execute a Divorce Decree.
Generally speaking, working out the terms for a divorce can take anywhere from six months to several years or more.
Factors that may affect the timeline include jurisdiction-specific divorce protocols, child custody issues, division of assets, alimony and other financial considerations, and any disagreements between the spouses.
It’s important to stay in close contact with your attorney throughout the process to ensure that all paperwork is filed correctly and on time, as delays can lengthen the overall divorce timeline.
There is no set timeline for divorce, and individual cases can vary greatly in length.
However, with careful planning and attention to detail, it is possible to reach an agreement relatively quickly and settle any disputes efficiently.
With a collaborative effort from both parties, it is possible to avoid any lengthy delays.
If you’re considering divorce, it’s a good idea to work closely with an experienced family law attorney who can help ensure that your rights and interests are protected throughout the legal process.
If you would like more information about filing for divorce and what to expect during the process, please call our office now to schedule a consultation.
Before meeting with our divorce attorneys, we will conduct a Conflict Check and confirm the availability of the firm for legal representation.
Powers Law Firm PA does charge a consultation fee and hourly rates for Family Law matters.
Our law firm can help provide the guidance and support you need to successfully navigate the divorce process.
For more information about getting divorced, please visit our website: Charlotte-Divorce-Lawyers.com
If you have any other questions or concerns, please contact us directly at (704)-342-HELP
Do I need a lawyer?
We firmly believe it is advisable to consult with a qualified family law attorney before proceeding with any major legal decisions such as filing for divorce.
An experienced family law attorney can provide advice and guidance on the best course of action for your individual circumstances, ensuring that your rights are protected throughout the process.
A Charlotte divorce lawyer can also help you understand all of the legal implications of filing for divorce and can help ensure that the divorce process is handled correctly and efficiently.
Divorce proceedings are often complex, and having a legal professional on your side can make all the difference.
If you’d like to find out more about how an experienced family law attorney at the Powers Law Firm PA can assist with your divorce case, please contact us today.
Does it matter if I have kids?
Clearly, the presence of children can significantly affect the timeline for a divorce.
If you and your spouse have minor children together, there will be additional matters that need to be addressed during the divorce process, such as child custody arrangements, visitation schedules, and financial obligations such as Child Support.
All of these issues can take time to resolve and may lengthen the overall timeline for the divorce.
It is important to remember that the best interests of the children should be kept in mind when negotiating any details related to their care and well-being.
If you have children, we actively encourage clients to work closely with your attorney and come up with a parenting plan that takes into account what’s best for you and your kids.
By working together collaboratively, it is possible to achieve a fair agreement that meets the needs of everyone involved.
For more information about how children can affect the divorce process, including the possibility of Collaborative Divorce, please contact us directly.
We’re here to help!
What is Collaborative Divorce?
Collaborative divorce is an alternative to traditional divorce proceedings where the parties involved work together to reach an amicable settlement outside of court.
It involves both spouses and their attorneys working collaboratively to resolve issues such as child custody, division of assets (Equitable Distribution), and spousal support (Alimony), PSS – Post Separation Support, or what used to be called “Temporary Alimony.”
The process is voluntary, and all decisions are made by consensus, allowing the parties to be in control of their own destiny.
This type of settlement is often quicker and, in the long run, can be more cost-effective than traditional divorce proceedings.
It is also less adversarial, which can benefit the children involved in the divorce.
We believe Collaborative Divorce allows for a more peaceful transition for the entire family.
The collaborative process often begins with both spouses meeting with a team of professionals, including attorneys, financial advisors, and mental health professionals.
The goal is to work together to reach an agreement that is fair and equitable to both spouses.
Each spouse has their own attorney dedicated to representing their interests during the process.
Throughout negotiations, the team works together to ensure that all information needed for settlement is exchanged openly and transparently.
In addition to the team of professionals, the spouses also meet regularly with each other and their attorneys to discuss progress, negotiate solutions, and review documents.
The collaboration allows for solutions tailored specifically to the couple’s needs and goals.
Through this collaborative approach, both parties can come away from the divorce feeling respected and satisfied with the outcome.
Collaborative divorce provides an alternative to more traditional, adversarial methods of divorce and can be a great option for couples looking for a peaceful resolution to their divorce.
If you are considering divorce, it is important to understand all the options available to you so that you can make the best decision for your family.
How much do divorce lawyers cost?
The cost of divorce lawyers varies based on the complexity and length of the case, as well as any additional services that may be necessary.
Generally speaking, the attorneys at Powers Law Firm PA charge an hourly rate for their services
Additionally, we may require a True General Retainer to secure the availability of the firm for legal representation prior to beginning work on your case.
Depending on your situation, the cost of divorce attorneys can range anywhere from a few thousand dollars to a rather substantial amount.
“Rarely is divorce inexpensive. Terminating a marriage can be a time-consuming, laborious process that involves the most important assets of your life – Bill Powers
A lot depends on whether the parties wish to proceed in a reasonable fashion.
We do not believe in litigation for the sake of litigating and/or causing harm or pain.
Clearly, divorce is often emotional.
Having said that, the best way to increase the costs of a divorce is to engage in rancor, dissension, and unnecessary litigation.
Additional Resources for Mecklenburg County Family Court:
- Mecklenburg County Local Rules DOMESTIC COURT – Mecklenburg County – 26th Judicial District – 2022
- General Rules of Civil Court – Mecklenburg County Mecklenburg County
- Mecklenburg Alternative Dispute Resolution Rules – Equitable Distribution – Equitable Distribution
“What type of lawyer are you?” That’s a common question lawyers get from people they meet.
Attorneys in smaller jurisdictions may answer, “I do a little bit of everything,” or “I’m a general practitioner.”
In big-city Charlotte and Mecklenburg County, responses to that same question may include “criminal defense lawyer” or “family law attorney” or “corporate counsel.”
Lawyers in Charlotte tend to limit and define their professional practices by types of legal matters.
Frankly, I think that’s a shame. Small town North Carolina gets in right. That’s especially true if the legal issue involves divorce, children, and other marital problems – Bill Powers, Divorce Attorney
How is it that the former President of the North Carolina Advocates for Justice, and well-known “Charlotte attorney,” has come to that conclusion?
What do “divorce lawyers” do?
Here’s a little known fact, even among legal professionals.
In providing legal services, lawyers who handle matters involving custody, divorce, ED (equitable distribution), and marital unfaithfulness, while they may refer to themselves as “divorce lawyers,” actually do a lot of different things.
They must be prepared to handle an incredibly diverse range of different legal issues.
I have been practicing law since 1992. I’ve litigated many different types of cases. I’ve handled murder charges, personal injury claims, and real estate closings. I’ve drafted wills and powers of attorney. Nothing in my humble opinion is more potentially complicated than a divorce with children – Bill Powers
Our law firm prefers to focus on the individual legal need and the client, rather than practice-group designations.
We refer to ourselves as courtroom lawyers and litigators.
And to do that, Bill Powers has traveled extensively throughout North Carolina to help people with a wide range of different legal needs.
What is “family law” anyway?
Lawyers in Charlotte who refer to themselves as “family law attorneys” don’t take every case or client who walks through the door.
It’s not that they are bad people or unwilling to help.
The vast, vast majority of attorneys I know are compassionate people, dedicated to helping others. Indeed, people go into law because of their passion to make a difference – Bill Powers
As such, if a lawyer declines to accept your case for representation, they may be inexperienced or simply don’t enjoy certain aspects of handling those particular types of legal issues.
In fact, it’s more than OK. It’s downright professional.
Lawyers must be competent to handle a legal matter.
That’s one of the first rules of being a lawyer.
If a lawyer tells you they want to refer you to another attorney for all or part of a case, don’t take offense.
It’s likely not you; chances are they are actually a really good attorney.
It’s both ethical and professional to look out for your best interests rather than take a case that doesn’t fit a particular skill set.
The best lawyers I know aren’t afraid to admit someone else may be a better fit or more experienced to handle something – Bill Powers
The value of practical experience and institutional memory
We are resolute in our belief that no two cases are exactly the same.
While there may be certain similarities in case files, your circumstances, and individual needs, are truly unique.
Divorce often involves careful consideration of several different types of law or areas of practice.
It can be a difficult thing indeed to find an attorney with any level of experience willing to take on a heart balm case involving allegations of “Criminal Conversation” and “Alienation of Affection.”
If you own a home with someone, transferring title to real estate may be necessary as part of getting divorced.
If you have a retirement plan (401K, IRA – Individual Retirement Account, pension plan, savings incentive match plan, etc.), the execution of a QDRO – Qualified Domestic Relations Order is likely appropriate.
If you own a business or a fractional share of a company, it helps to know when to bring in a financial planner or forensic accountant for professional advice.
Some lawyers love being in the courtroom, litigating.
Others only work with collaborative law matters, never seeing the inside of a courtroom or arguing a case to completion.
Prior experiences, both good and bad, very much direct my legal advice and what I think is best for a client. Given the number of different types cases I’ve handled across North Carolina, we bring a fair amount of institutional wisdom and common-sense to the process.
Call Attorney Bill Powers now to schedule your consultation.
Legal consultations for divorce, child support, equitable distribution, visitation, etc., (“family law legal issues”) involve a consultation fee and hourly rates. That is different from other types of cases our law firm handles.
For example, we do not charge consultation fees for DWI charges or other criminal charges in North Carolina. Similarly, we do not charge hourly rates or establish a consultation fee for car accident cases or other “personal injury” matters.
NC Divorce Laws – Topics of Interest
- The First Step in Divorce
- No-Fault Divorce in North Carolina
- What is Collaborative Divorce?
- When should I hire a Divorce Lawyer?
Nationwide, January 6, 2020 has been informally designated as “Divorce Day.” Charlotte divorce lawyers anticipate a sharp increase in call volume immediately following the holidays.
While it may be popular to call it “Divorce Day,” in North Carolina, it might be better entitled, “Divorce Year.”
In part that is because the NC divorce laws, with certain exceptions, ordinarily mandate a minimum period of separation of 12 months before filing for divorce is authorized under the law.
Filing for divorce tends to slow down before Thanksgiving. Planning for separation and divorce spikes at the beginning of every new year – Bill Powers, Charlotte Divorce Lawyer
There are important legal filings and contractual agreements in the period leading up to the formal entry of a divorce order.
That may include things like:
- Post Separation Support (formerly referred to as temporary alimony)
- Child Custody
- Child Support
- Separation Agreement
- Living Arrangements
- Asset valuation
- Equitable Distribution
- Transfer of Real Property and Marital Assets
Separating a marital estate can be complicated.
Even with the most modest of assets, it tends to be a time-consuming process.
What is the first step to getting divorced?
That’s a great question and one we wish more people would ask themselves before taking certain actions.
Unless there is some sort of abusive behavior necessitating the institution of safety measures or a 50B protective order, we generally do not recommend packing up and moving out. There are important legal rights relative to divorce that deserve careful consideration before action – Bill Powers, Divorce Attorney
We strongly recommend you speak with an attorney before doing anything. Timing and preparation can be key.
It also may prove to be a better financial decision to proceed with caution, gathering important documentation and information before saying, “I want a divorce.”
There are generally consequences to actions in family law cases. Prior to making any major, life-changing decision, we recommend you speak to one of our Charlotte divorce lawyers.
Whether it is our law firm or another located in Mecklenburg County, proceeding in haste can make the process unnecessarily expensive, adversarial, and emotionally taxing.
How much do lawyers cost for divorce?
Retaining a divorce attorney in Charlotte may be a bit different from your prior experiences with lawyers.
First, unlike traffic ticket lawyers or attorneys who handle minor criminal charges, there often is an initial consultation fee.
Divorce lawyers in Mecklenburg County (at least at our law office, the Powers Law Firm PA) bill hourly.
Some attorneys also require some sort of retainer. That may involve something called a True Retainer to reserve their legal services. A True Retainer is earned immediately and is not billed against.
A true retainer is paid to ensure the availability of the divorce lawyer. It also may serve to prevent legal representation to an adverse party in the separation and divorce.
Legal fees predicated on hourly work, as earned, are separate and apart from the True Retainer.
Other law firms require a retainer to be held in trust, from which legal fees are billed on a periodic basis.
At Powers Law Firm we charge:
- Initial Consultation
- True Retainer
- Hourly Rates billed weekly and/or bi-weekly
We accept credit cards, personal checks, and other traditional forms of payment. We prefer not to hold funds in trust, instead billing clients after work is performed.
We also prefer to put everything in writing. We want to make sure clients fully understand what is and what is not included in legal representation.
We seek to be completely up front and transparent with clients about the costs of hiring a divorce lawyer. It takes time to go through the contract of representation and explaining anticipated costs – Bill Powers
Expert fees, filing fees, costs of discovery, and other expenses of litigation are not part of legal representation. We also do not charge a flat rate for legal services.
Divorce Day is a good time to start looking for a lawyer and planning, educating yourself on the true costs of getting divorced.
The attorney-client relationship
Prior to speaking with a divorce lawyer at our office, we perform a conflicts check and further confirm availability for legal representation.
We want to help, understanding separation and divorce, especially in matters involving large marital estates, children, and Equitable Distribution, is a trying process.
To be clear, we are unable to assist every person who calls our office.
Our law firm is careful in client selection, limiting the number of matters we undertake for legal representation.
That means we accept a limited number of new clients on an annual basis. We want to be able to focus on the complexity of cases, working hard to make ourselves available for consultation and regular communication.
That means we purposely limit the overall number of clients we represent.
There are some matters we may feel it better to refer an inquiry to another lawyer or law firm.
Our goal is to make clear, from the outset, how the process works and what we do to help people going through difficult times. Legal representation for a divorce is a long-term relationship. We want clients to feel comfortable with us and our professional perspectives – Bill Powers, Divorce Lawyer
Call our law office now to determine the firm’s availability and the costs of legal representation: 704-342-4357
Related Legal Issues and Topics of Interest:
- When is the Best Time to get Divorced?
- Separation and Divorce Tips
- Post Separation Support and Alimony
- I Want a Divorce
- Legal Fees
- The First Step in Divorce
- Divorce after separation
- Surviving the Holidays
Surviving the holidays in a difficult marriage can be difficult at best. Despite that, legal separation and filing for divorce in Charlotte tend to decline during certain seasons.
Pre-existing problems in a marriage may be exacerbated by family commitments and the hustle brought on by the time of the year.
Some parents stay married for the children, thinking to themselves, “I want to give them one more special time before moving forward.”
Those are completely reasonable feelings.
Our job as Charlotte divorce lawyers is not to convince you to separate or end the marriage.
Indeed, once advised of their legal rights, some people choose to stay married and work things out.
That’s OK with us. The key is to determine what is best for you and your family.
We believe good decision-making, like sound legal advice, is predicated on possessing good information – Bill Powers
Anticipating the end of a relationship can be bitter-sweet, if not downright hard.
That is made all the more difficult if there are uncertainties and questions about the application of the divorce laws to any given marriage.
When is the best time to file for divorce?
Frankly, there really isn’t one “best answer” to that question.
Timing can be an important consideration but it is by no means the sole or only factor to take into account.
Family law cases are as varied and different as the people involved in a marriage.
There are differing, complex issues to consider including the education of children, filing of taxes, and above all, your safety and that of loved-ones.
Without question, “surviving the holidays” does not include suffering through physical violence, sexual assault, or other criminal acts.
If you fear for your safety or that of your children, there are protective measures that may be undertaken separate and apart from the formal filing for divorce.
Filing for divorce is often the last step in the ending a marriage in North Carolina. In large measure that is due to the mandatory period of legal separation as set forth in the NC divorce laws – Bill Powers
While we are more than willing to speak about seasons of the year, relative to planning and filing for divorce, that is to some extent putting the cart before the horse.
We believe it best to have all the facts/documentation in hand before filing any type of legal proceeding.
In complex family law matters, those involving child custody and visitation or marital estates requiring careful consideration of financial records and Equitable Distribution, the parties may agree to proceed by way of a Separation Agreement.
Collaborative Divorce may also be an option to consider. “Filings” in court (Clerk of Court) in those instances may be sporadic if not limited.
It is increasingly popular for married parties to work through the specifics of divorce privately.
Assuming there aren’t disputes over Post Separation Support or “PSS” or visitation issues, even if between contentious spouses, many issues may be handled via negotiations, the voluntary exchange of financial records, by and through legal counsel.
We do recommend potential clients begin the process of selecting a divorce lawyer as soon as possible.
Even if you would like to wait until after the holiday season to move forward, it’s a good idea to plan for that.
Lawyers, like doctors, are subject to schedules and pre-existing commitments.
Put simply, if you’d like to sit down and talk a divorce law, call now and schedule an appointment.
We also do not strictly require clients to come to our law office.
We will use secure video conferencing.
Will the judge be mad if I don’t try to work things out?
Generally speaking, the answer is, “No.”
North Carolina, with certain limited exceptions, is considered a no-fault divorce state.
That doesn’t mean Family Court Judges in Mecklenburg County prefer acrimony and/or unreasonable litigants.
That is especially true when considering the best interests of children.
We believe the better practice is to proceed in good faith, seeking equitable and fair resolutions to disputes. Litigation is expensive and frankly, at times, not merited – Bill Powers
As such, the Court does not mandate counseling and working through marital issues.
A judge is not going to try to convince anyone to remain married against their will.
It will demand the parties are honest, that they disclose all relevant records/materials associated with the marriage, and that all Court Orders are followed.
Related Legal Issues and Topics of Interest
- When is the Best Time to get Divorced?
- Separation and Divorce Tips
- Collaborative Divorce
- What is Collaborative Divorce?
- Post Separation Support and Alimony
- I Want a Divorce
- NC Divorce Laws – Chapter 50
Charlotte Divorce Lawyer Bill Powers
If you have questions about your legal options, we may be able to help.
The first step involves calling our law firm and speaking with a legal assistant.
It’s a good idea, prior to meeting, to check for conflicts and availability for legal representation. It’s also a good idea to understand the costs of a formal consultation and retention of the firm as counsel – Bill Powers
Call Bill Powers NOW: 704-342-4357Learn More
You can always elect to represent yourself in most legal matters before the Court. In response to the question, “Is a lawyer required for divorce?” the answer is “No.”
That’s also often true for many other types of legal matters, including traffic tickets, car accidents, and criminal charges.
There are very few instances when a lawyer would be “required,” and even then, as a practical matter, courts rarely demand lawyers get involved.
Our system of justice allows for self-representation.
It is an aspect of the Common Law we adopted (and in part still recognize) as a Brittish Colony.
You may have heard of the legal term for that: Pro Se
From Latin, it roughly means, “for oneself” or “in one’s own behalf.”
Under the NC divorce laws, you may argue for yourself in court. Of course, you can also give yourself a haircut and pull your own teeth if you have a cavity.
There is no law against that.
Arguing a complex legal matter in court can be an overwhelming, if not daunting process.
You could find yourself feeling pretty alone in a crowd, as our court system is often bustling with activity.
While a lawyer is not necessarily required, it is our firm belief that legal representation is a really good idea.
Divorce in North Carolina can be complicated. There are a fair number of moving parts, many of which are interrelated and can easily affect one another. Lawyers aren’t required, but we think it helps to have a divorce lawyer on your side in court – Bill Powers, Charlotte Divorce Lawyer
The “No-Fault” Divorce
Sometimes people use the term, “uncontested divorce,” misunderstanding the meaning relative to the laws specific to each state.
The NC divorce laws are somewhat unique, if not downright unusual in certain circumstances.
That’s nothing to fret about. We believe our laws are fair, reasonable, and just.
The point is, you should not rely on what you think the divorce laws are or what they should be.
What applies in another state may be completely inconsistent with the separation and divorce statutes here.
For example, certain jurisdictions require proof of “fault,” meaning one spouse caused a divorce and/or by their acts, the moving party is entitled to a divorce.
In North Carolina, the fault for divorce is rarely an issue.
Without some pretty unique circumstances, one cannot hold up divorce proceedings, arguing, “There aren’t grounds for divorce.”
If the parties have been legally separated long enough, one party may institute a divorce, even if the other spouse disagrees and wants to stay married.
** Each case is different. There are some instances where the fault may become an issue when divorce is sought due to “grounds.” If you have questions about this or any other legal issue involving your divorce, speak with an experienced divorce lawyer immediately.
Is there such a thing as a “Simple Divorce?”
Frankly, one of the most common things we hear potential clients say is, “It’s a simple divorce. It won’t take much time or effort. We agree about everything.”
With all due respect, it’s our opinion there rarely exists such a thing.
Even in the most modest of financial circumstances, there can and often are disputes about the disposition of assets and perhaps, more importantly, debt.
What you think fair or reasonable or even “obvious” may not necessarily be the case for your spouse.
One would be incredibly remiss in failing to acknowledge a marriage results in, by its very nature, a co-mingling of assets, debts, and legal responsibilities.
If children are involved, issues about custody, visitation, and support are always a possible source of disagreement or dispute.
One of the more common contributing factors to divorce is financial problems.
Even if there are no substantial assets, like a house, cars, or retirement accounts, issues may arise in Equitable Distribution or “ED” in the apportionment and responsibility for the debt in marriage.
As such, prior to doing anything, including separating or having the “I want a divorce conversation,” we think it’s smart to consult with an attorney.
Related Legal Issues – Is a Lawyer Required?
- What is Collaborative Divorce?
- Post Separation Support and Alimony
- I Want a Divorce
- What is Alienation of Affection in North Carolina
- Divorce with Kids
- Legal Fees
Divorce Lawyers in Charlotte – Powers Law Firm PA – Bill Powers
We have found good decisions often require good information.
Getting divorced, or even separated, has consequences.
Prior to making a rash decision, even in instances where the spouses wish to work collaboratively with one another, schedule an office visit with a Charlotte Divorce Lawyer.
Find out how much will it cost to get a divorce. Ask, “How much are legal fees?”
It won’t hurt our feelings if all you do is consult with our law firm and decide it’s better to seek counseling and stay married. Hiring a lawyer is not required.
Our law firm is dedicated to trial skills and courtroom advocacy.
Preparation, careful analysis of the NC divorce laws and consideration of the myriad of financial aspects of child custody, post-separation support, alimony, and equitable distribution are merited.
Separating and ending a marriage can take longer than you think.
Indeed, it may be more complicated than getting married in the first place.
We’re here to help explain these and other legal issues relative to your marriage, your financial condition, and your family life, relative to the divorce laws.
Call now to schedule your confidential consultation.
Consultation fees DO APPLY in family law, divorce, and separation issues at our firm.Learn More
Researching divorce and divorce lawyers is often an emotional but important first step. Considering your legal options is a good idea, especially if you’re not entirely certain you even if want to try separation or possibly end the marriage.
There are a lot of things to consider in addition to the relationship itself. Distribution of your marital estate can be extraordinarily complicated.
You might not realize the entire value of individual and marital assets until looking at things holistically, considering the totality of circumstances.
If you add children and the potential for protracted litigation or a custody dispute, there is a lot to absorb.
It’s OK to be a bit unsure and unsettled. This is a big step. It’s also OK to sit down with us, ask questions, and decide to do nothing at all – Bill Powers, Divorce Attorney Charlotte NC
What’s the first step in separation and divorce?
That’s a great question and a potential source for problems. Under the NC divorce laws, except for very narrow, limited exceptions, you must be legally separated for no less than 1 year before filing for divorce in North Carolina.
As such, legal separation comes first. Indeed, that’s what attorneys refer to as a term of art. The rules for legal separation are specific and not subject to negotiation.
One of the more common errors and misunderstandings people have is failing to fully comprehend what it means to be legally separated. It most certainly is not living in separate rooms, under the same roof, or simply proceeding as if you are no longer married.
That may be the law in other states. It is not the law in North Carolina. In fact, the one-year clock can be reset by renewed cohabitation, even if that turns out to be only for a short period of time.
What is a Legal Separation in NC?
Legal separation begins the day spouses maintain two separate residences, with the intent to continue living separate and apart from each other on a permanent basis. It must be an actual, physical separation with two separate, distinct residences. See N.C.G.S. § 50-6.
Article One of Chapter 50 (the NC Divorce and Alimony statute) mentions “husband” and “wife” when referring to legal separation. Given the adoption and recognition of same-sex marriages in North Carolina, the parties to a divorce, whatever form that may take, must intend to permanently live apart.
Thereafter, either the plaintiff or the defendant in an action for divorce in NC must have resided in North Carolina for no less than 6 months. There are also other legal requirements regarding jurisdiction and proper venue that must be fulfilled prior to filing a lawsuit.
Both parties do not have to consent to the divorce. That only takes one spouse in North Carolina. The law demands proof of legal separation for no less than one year and cannot be waived by mutual consent of the respective parties.
What is Reconciliation?
Resumption of marital relations after separation may later be determined to be a formal reconciliation. Under the law, that legal issue must be resolved pursuant to N.C.G.S. 52-10.2. Resumption of the marital relationship requires a voluntary renewal of a “husband and wife relationship.”
Occasional or “isolated” incidents of sexual intercourse may not constitute a legal reconciliation or otherwise cause problems with the mandatory 1 year separation period. In reviewing whether the parties intend to reconcile, the family court Judge considers the totality of the circumstances, making appropriate Findings of Fact and Conclusions of Law.
Obviously, the General Assembly will need to update the law, recognizing the legal rights (and responsibilities) afforded to same sex marriages in North Carolina.
Bill Powers – Divorce Attorney Charlotte NC
There is a fair amount of discretion and subjective interpretation given to Judges under the divorce laws. While that may lead to some level of confusion at times, it also recognizes the many different types of relationships in North Carolina.
Clearly, the Pine State has room to improve, especially as it pertains to updating and recognizing same sex marital relationships in the various and sundry laws and martial statutes.
Fortunately, the substantial discretion that is given to Judges in settling legal issues also provides the opportunity for compassion and empathy in resolving your legal dispute, recognizing individual circumstances and societal changes.
Our family court judges in Mecklenburg County are some of the best in the state. They are dedicated, hard-working, and committed to resolving marital disputes in a fair and equitable manner – Bill Powers, Divorce Attorney
And with that said, it’s important you take the time to carefully consider your legal options. The “first step,” as we’ve called it, may involve sitting down with an attorney, asking questions, and providing information about your unique circumstances.
No two marriages are exactly alike. What’s important to you and your family, especially concerning life-altering changes to the structure of your interpersonal relationships, deserves careful, measured consideration.
The applicability of federal law in a country where each state is its own sovereign can cause some complexity for issues such as same-sex marriage. Marriage is under the ambit of state law, however, where the federal law interprets state law as a violation of constitutional rights, states must yield to the federal interpretation of the law. Same-sex couples seeking to marry have to gain a clear understanding of the marriage laws governing their jurisdiction. North Carolina is an example of a state where some complexity exists.
Same-Sex Marriage Under Federal Law
To fully understand state law, individuals must understand its relationship to the federal law. On June 26, 2015, same-sex marriage was pronounced as legal nationwide in the landmark case of Obergefell v. Hodges. In that case, the Supreme Court of the United States held that same-sex marriage was a guarantee under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment of the Constitution. With this ruling, same-sex marriages were recognized in all 50 states and Washington D.C. As of today, about seven counties in Texas and Alabama do not issue marriage licenses to same-sex couples.
North Carolina’s Same-Sex Marriage Laws
In North Carolina, same-sex marriage has been recognized since 2014 after the ruling in General Synod v. Cooper. In that case, the U.S. District Court held that a denial of marriage rights to same-sex couples in North Carolina was unconstitutional. Therefore, North Carolina permitted same-sex marriage before the Supreme Court handed down the federal ruling in Obergefell v. Hodges. Prior to the Cooper ruling, North Carolina had a statutory ban on same-sex marriage that passed in 1996. In 2012, the North Carolina legislature amended the state Constitution with marriage defined as a union between man and woman. After the ruling in Cooper and Obergefell, the 2012 statutory pronouncement is no longer applicable in North Carolina. It is important to note that North Carolina recognized (and still recognizes) domestic partnerships between same-sex couples.
Recent State Bill Introduced Against Same-Sex Marriages
On April 11, 2017, the North Carolina House of Representatives introduced a bill entitled the “Uphold Historical Marriage Act” also known as House Bill 780. The bill sought to recognize marriage as only between a man and woman as pronounced in the 2012 amendment to the state constitution. The bill directly undercuts the ruling in Obergefell, which gives credence to opponents who call the bill “null and void.” The bill has not passed the North Carolina state legislature as of March 2018. Presently, same-sex marriage remains lawful in North Carolina.
Charlotte Same-Sex Marriage Attorneys
Although same-sex marriage laws are permitted in the U.S., some couples still face challenges when it comes to divorce and child custody. Similarly, there is some complexity when same-sex couples that have been cohabitating for years without marrying seek to have their relationship recognized under the law. The experienced lawyers at Powers Landreth PLLC will advise you on your same-sex marital matters to prepare you for the road ahead. Contact us now for a consultation.
At first blush, the North Carolina law requiring a one-year separation period before a court can grant divorce has some saving qualities. One might view the law as creating the space and time for couples to reconsider divorce, which is especially important when children are involved. However, for certain individuals, the one-year waiting period is quite a burden.
One-Year Waiting Period May be Incompatible for Certain Marriages
A 33-year-old woman living in North Carolina separated from her husband and was able to provide solid evidence to a court to warrant a restraining order. Included in her evidence were photos of injuries she claims she sustained from the abuse of her husband. Even with a documented history of abuse and a restraining order, the woman must wait one year before seeking a divorce. During the interim, she had to pay her husband’s health insurance. She also had to endure the psychological distress of knowing that the person who allegedly abused her was legally recognized as her husband. Possible abuse victims like this woman fear for their safety when the state requires prolonging a legal relationship, which brings them pain and suffering. The issue with the one-year waiting period is not limited to psychological pain. Like the woman’s payment of her estranged spouse’s health insurance, sustained legal recognition of the marriage carries certain obligations and requirements abuse victims should not have to maintain. In one respect, the obligation may prove unethical and dangerous.
Domestic Abuse Victim Seeks to Amend G.S. 50-6
The woman’s ordeal prompted her to create a petition requesting North Carolina Attorney General and the state General Assembly to amend G.S. 50-6. The petition seeks an amendment of the one-year waiting period for established abuse victims. The woman’s campaign garnered national attention after her story was featured on Now This, a national news outlet. The campaign sought to highlight the counterintuitive nature of the law. For example, it is rather unethical to require a spouse to remain married to an individual who has been convicted of stabbing him or her. Proponents of amending G.S. 50-6 find no defensible argument requiring an abuse victim to continue a marriage that is dangerous to his or her well-being. North Carolina is not the only state with a waiting period requirement. Other states (Illinois, Maryland and Pennsylvania) actually have a two-year waiting period if the divorce is not mutually consensual.
How Divorcing Abuse Victims Can Manage North Carolina’s One-Year Requirement
As an abuse victim seeking a divorce, the best thing you can do is get out of harm’s way. This includes obtaining a domestic violence protective order and ceasing cohabitation. Even though G.S. 50-6 is still the law in North Carolina, there are additional safeguards abuse victims can request to facilitate their safety and tamper the obligations of the legally recognized marriage. This includes requiring that law enforcement remove the defendant from a shared home, ordering the defendant to stay away from the plaintiff’s home, school or place of work, ordering the defendant to pay his or her own insurance, and ordering the defendant to forfeit any firearms or other weapons. Abuse victims must keep well-documented records of all encounters with their abusive spouse. In addition, hire an experienced family law attorney to aggressively fight for your interests during this critical juncture.
Charlotte Divorce and Domestic Abuse Attorneys
At Powers Landreth PLLC we will provide zealous representation to ensure that the law works on your behalf. Even though G.S. 50-6 is still the law in North Carolina, our experienced family law attorneys can advise you and craft legal strategies to facilitate your one-year transition. Contact us now for a consultation.