We are dedicated to ensuring you are represented by experienced family law attorneys in Sanford, North Carolina. We defend your rights and work to protect the rights of you and your children. Our position always ensures your financial and physical needs are met. Here are a few things to consider as you face divorce in the state of North Carolina.
Before the Divorce
Divorce is often an unexpected and unplanned decision that couples face due to various reasons often described as irreconcilable differences. As experienced family law attorneys in North Carolina, we recommend that you consider the option of a Separation Agreement as quickly as possible when you and your spouse begin to live in separate residences. A Separation Agreement can take effect immediately and protects your rights, assets, and future.
While an Absolute Divorce in North Carolina is the only domestic action that requires one year’s separation, the remaining actions such as Equitable Distribution, Child Custody, Child Support, Post-Separation Support, etc. can be filed on the same date of separation.
As you build out your Separation Agreement, many issues relating to property division and alimony can be resolved.
Filing for Divorce
After a year has passed, couples can file a lawsuit to obtain a divorce as long as one of the parties has lived in the state for six months or more. Actions seeking to resolve issues involving property division, post-separation support, and child custody and support can be filed by your divorce lawyers in NC simultaneously with a Complaint for divorce or earlier.
In many cases, experienced family law attorneys can settle negotiations without going to court. This requires the drafting of settlement proposals that result in mutual agreement, even if mediation is needed to achieve this agreement. If an agreement is impossible, the case goes to court for final ruling by a judge. If either party is unhappy with the decision, they may appeal the result.
Issues of Importance in a Divorce
Even in the most amicable of divorces, tempers can rise when it comes to the distribution of property, financial assets and debts, and the care of children.
Distribution of assets and debts
When facing divorce, you must identify and value assets in an action for Equitable Distribution. These include:
- real estate
- tools for trade
- credit cards
- banking accounts
- motor vehicles
- jewelry and accessories
- furniture and artwork
- retirement accounts
- insurance policies
- stocks and bonds
Child custody and support
There are two types of child custody: legal and physical. Legal custody is granted to give parents the rights to make important decisions in the child’s life such as education, religious instruction, and medical decisions. Physical custody determines where the child lives. Joint physical custody has become less popular and visitation rights are often granted to one parent to prevent disruption in the child’s school schedule and life unnecessarily. There are many factors that determine the custody of the children. Your experienced North Carolina family law attorney can help you determine how the court’s may evaluate your particular case and what would be considered in the best interest of the child or children.
The need for alimony is determined by several factors, including the reason for divorce, especially if it involves marital misconduct. Each spouse is required to declare evidence of their ability to earn an income. In determining whether to require alimony payments, the court considers the duration of the marriage, the couple’s standard of living and the financial needs of each spouse.
Finding the Right North Carolina Divorce Attorney
With a competent family law attorney at your side, you will have access to the expertise you need to understand the state’s complex divorce and child custody laws. Facing divorce is never easy, but you don’t have to experience it alone. Our qualified family law attorneys in Sanford, North Carolina, can help you understand the laws and get through the process as smoothly as possible.
Our experienced and determined family attorneys at Wilson, Reives & Silverman are here to provide you with effective legal counsel. To learn more about your rights, speak with one of our family law attorneys today.