Is there really such a thing as a “simple divorce?”
No one enters into a marriage expecting it to end in divorce, but unfortunately, that is sometimes the case.
If you are considering separation or divorce, it is important to understand that this is not a decision to be taken lightly.
There are many things to consider, and hiring a qualified divorce attorney is one of the most important decisions you will make.
In this blog post, we will discuss some of the reasons why it is so important to have an experienced attorney on your side during this difficult time.
Can you serve as your own attorney? Do you really need divorce lawyer?
We think the answer is almost always yes; it’s a very good idea to hire an attorney.
Here are four reasons why hiring a divorce lawyer is so important.
Reason One: Asset Division
In many divorces, the biggest asset is the family home. Other assets may include retirement savings, investments, and vehicles. An experienced divorce attorney can help make sure that these assets are divided fairly (consistent with the NC divorce laws) between the two spouses.
Reason Two: Child Custody and Support
If there are children involved in the divorce, custody and support can be major issues. A good divorce lawyer can help make sure that the child custody arrangement is in the best interests of the child and that child support payments are fair.
Reason Three: Alimony/Spousal Support
In some divorces, one spouse may be ordered to pay alimony (also called spousal support) to the other. The amount and duration of alimony can be difficult to determine, but an experienced divorce lawyer will explain your legal rights and legal obligations, as the case may be.
Reason Four: Protection from an Abusive Spouse
Unfortunately, in some cases, one spouse may be abusive towards the other. If this is the case, we think it’s imperative to have a divorce lawyer on your side who has substantial experience handling DV Domestic Violence cases in both criminal court and DVPO / Chapter 50B civil court in Charlotte.
Hiring a divorce attorney is important because they can help make sure you get what you’re entitled to under the law. If you are considering a divorce, we encourage you to contact an experienced Charlotte divorce lawyer today.
The team at Powers Law Firm PA is here to help guide you through this difficult time. Contact us online or give us a call at (704)-342-4357 to schedule your initial consultation with our firm.
Our attorneys understand the unique challenges that come with a divorce, and we are here to help ensure that your rights are protected every step of the way. Let us put our experience to work for you. Call today!
What is ordinarily involved with a divorce?
There are many things to think about when going through a divorce: children, support, property division, and more. That can add up to a lot of emotional distress. Your divorce attorney will be able to help you with all of these things and more.
One of the most important things to consider when getting divorced is what will happen with your children. If you have minor children, you will likely need to come up with a parenting plan that outlines how your kids will spend time with each parent and what the financial arrangements will be.
Your attorney can help you create a parenting plan that is in the best interests of your children.
Another important thing to consider when getting divorced is how your assets will be divided. You and your spouse likely have many assets, including your home, savings accounts, retirement accounts, and more. You will need to come to an agreement on who gets what.
Your attorney can help you negotiate a fair property division agreement with your spouse.
If you are getting divorced, you likely have many questions about the process. We think the best way to get answers to your questions is to consult with an experienced divorce attorney. Schedule a consultation with an attorney at Powers Law Firm today to learn more about how we can help you through your divorce.
The Charlotte Divorce Law Firm, Powers Law Firm PA, is here to help guide you through this difficult time. Contact us now to schedule a consultation.
What is Legal Separation in North Carolina?
Big picture, legal separation refers to when the couple remains legally married but lives apart. In some states, the couple must live apart for a short period of time before they can file for a divorce.
In North Carolina, the parties must be separated for one year before a Family Court Judge can grant a divorce.
If you are considering filing for a legal separation, it is important to consult with an experienced family law attorney who can explain the NC Family laws and help you navigate the process.
What Are the Grounds for Divorce?
The grounds, or reasons, for divorce vary by state.
Some states grounds for divorce due to irreconcilable differences or incompatibility.
In North Carolina, there are different grounds for divorce, which are listed in Article 1 of NCGS Chapter 50 – Divorce and Alimony.
They include things like:
- Incurable Insanity – Grounds for Absolute Divorce – N.C.G.S. § 50-5.1
- Living Separate and Apart for one year (either Plaintiff or Defendant have resided in NC for a period of six (6) months – N.C.G.S. § 50-6
- Divorce from Bed and Board – N.C.G.S. § 50-7
What Happens if We Cannot Agree on the Terms of Our Divorce?
If you and your spouse cannot agree on the terms of your divorce, then you may have to go to court and let a judge decide. This is called litigation.
It’s important to understand, prior to taking some divorce proceedings to trial in North Carolina, there are instances when mediation is mandatory. For example, parents (and other legally interested parties) making a claim for custody of a child or children must attend mediation unless the Judge “waives” mediation.
A waiver is not automatic and therefore should not be assumed as 100% guaranteed to happen.
It requires the filing of a special kind of Motion known by divorce lawyers as a Motion and Order to Waive Custody Mediation.
Another example of when mediation takes place is if the spouses cannot agree upon property division. Mediation is required for Equitable Distribution.
The majority of divorces are settled out of court through mediation or negotiation or collaborative divorce, but some cases do end up going to trial. If your case does go to trial, it will be important to have an experienced courtroom lawyer with practical trial skills by your side to help you navigate the process.
If you are considering filing for a divorce in North Carolina, or if you have already been served with divorce papers, divorce attorneys can explain the NC Family laws and help you navigate the process.
The attorneys at Powers Law Firm PA help clients with divorce and family law cases, including property division, alimony, child custody and support, post-separation support, and more. Contact us today to schedule a consultation to discuss your case.
Can the parties waive the period of legal separation in North Carolina?
No, the parties can NOT waive the one-year period of separation in North Carolina even if they agree to do so in writing.
What are some common mistakes people make during their divorce?
One of the most common mistakes people make during their divorce is not being prepared. This can mean not having all the necessary paperwork in order or not knowing what to expect from the divorce process.
Another common mistake is trying to do too much on their own and not seeking help from a divorce lawyer. The divorce process is complex. It can be confusing, especially if you don’t have much experience dealing with the legal system. We think it’s imperative to have someone on your side who understands the law and who is looking out for your best interests.
Finally, people often make the mistake of assuming that they will get everything they want in the divorce settlement. This is rarely the case, and it’s important to be realistic about what you can expect to receive.
Another common mistake people make during their divorce is failing to disclose all of their assets. It is important to be honest about all of your assets and debts during the divorce process.
If you are considering filing for a divorce, or if you have already been served with divorce papers, contact a reputable divorce lawyer. The experienced divorce attorneys at Powers Law Firm PA provide legal guidance and can explain the court proceedings.Learn More