Fayetteville is a great place to live and raise a family, but sometimes life throws us a curveball. Maybe you and your spouse have decided to go your separate ways.
Even in the most amicable of circumstances, we think it’s important to hire a divorce lawyer in Fayetteville as soon as possible.
Prior to moving forward, you should know how the NC divorce laws work and fully understand your legal rights and options.
In fact, we think it’s best to speak with a family law attorney before you even tell your spouse, “I want a divorce.”
A good lawyer can help make the process much easier for you and can protect your interests throughout the proceedings.
Getting separated and divorced can be complicated. It is often an emotional, stressful time.
We encourage our clients to make a plan, approach the different issues directly, and make decisions based on what’s best for you and your loved ones.
In this blog post, we will discuss some of the reasons why hiring a lawyer is so important if you’re considering separation and divorce.
How can a professional divorce lawyer help me?
If you are getting divorced, it is important to have professional legal counsel on your side. A lawyer can help you understand the divorce process and what to expect.
They can also help you negotiate a fair settlement with your spouse. At times it can become fairly contentious. What you may think is fair and reasonable might not be exactly what your spouse believes.
If you have children, a lawyer can also serve as your advocate in custody issues (if any) and address things like child custody, visitation, and child support.
Another reason why hiring a divorce lawyer in Fayetteville is so important is because they can help you keep your assets safe.
As you might imagine, the monetary aspects of divorce can have a direct effect on your financial well-being for a very long time.
Prior to getting separated, it makes sense to take a look at your assets and debts.
Before agreeing to anything, you should take the time to get a full picture of what you own and what you may owe.
Family law attorneys may refer to that, the assets and debts accrued as part of the marriage, as the Marital Estate.
Legal counsel can help you make well-thought-out decisions about your future and provide the legal advice you need.
If you are considering getting divorced, we strongly urge you to hire a divorce lawyer in Fayetteville NC as soon as possible.
They can help make the process much easier for you, protect your interests throughout the proceedings, and in the long run, may preclude poor decision-making that could be based on emotion.
The attorneys at our law firm would be happy to answer any questions you have about the process and help you understand how legal representation can get started on moving forward with your life.
Contact us today to schedule a consultation with one of our experienced Fayetteville divorce lawyers.
How are marital assets divided in North Carolina?
In North Carolina, the equitable distribution of marital assets is the law.
This means that all property and debts accumulated during the marriage that are not deemed separate property under the law are to be divided in an equitable, or fair manner.
However, what is considered “fair” is not always equal.
The categorization of assets and debts is extremely important. There can be disputes over what is marital property vs what is separate property.
That applies to debts, the money you may owe on credit cards, loans, etc., as well as things of value (assets).
Things of value that are not part of the marital estate are generally not subject to Equitable Distribution.
Equitable Distribution is different from alimony or spousal support.
Divorce lawyers in Fayetteville often refer to Equitable Distribution using the shorthand term “E.D.”
If you have questions about what is yours, what you may have a financial interest in, or how ED works in North Carolina, we think it’s a good idea to consult with an experienced attorney.
Prior to agreeing to incur further debt or pay off a bunch of bills using marital assets, it’s smart to gather information about your legal rights and options.
Contact us now to determine our availability for legal representation.
How does the Judge divide assets (and debts)?
The Court may consider many factors when determining how to divide assets, including things like:
- The ages of each spouse
- The physical and emotional health of each spouse
- Instances of waste or destruction of marital assets by either spouse
An experienced divorce lawyer will know how to navigate the equitable distribution of assets.
How does Child Custody work?
Hiring a divorce lawyer is also important because they can help protect your interests in regard to child custody and support.
In North Carolina, family law attorneys often refer to two general types of child custody: legal and physical.
Legal custody refers to which parent has the authority to make decisions about the child’s education, health care, and religious upbringing. Lawyers tend to call the “decision-making authority.”
Physical custody refers to where the child will live.
A judge will consider many factors when determining what is in the best interest of the child including:
- The age of the child
- The wishes of the child (if he or she is old enough to express a preference)
- The relationship between each parent
- How much child support will be
Sometimes parents share child custody and work together in making decisions regarding what’s best for their children and their upbringing.
Other times one parent may have legal custody and make the final decision on issues involving schooling, doctors, sports, religion, etc., while both parents may share physical custody of the child.
Each case is different.
That’s one reason it makes sense to consult with a lawyer to decide what’s best for you and your child or children.
Is NC a no fault divorce state?
In a no-fault divorce, neither party is held responsible for the breakup of the marriage.
This type of divorce can be easier than a fault-based divorce that is required in some states.
North Carolina is a no fault divorce state.
That means that you do not have to prove that your spouse did anything wrong in order to get a divorce.
Only one party (spouse) is required in the process. In filing for divorce, the parties must have lived separate and apart for at least one year.
If you have any questions about getting a divorce in North Carolina, be sure to contact an experienced Fayetteville divorce lawyer who can help protect your rights.
Hiring a lawyer may seem like an added expense that you don’t need, but it is important to remember that this is one of the most important decisions of your life.
If you are considering getting divorced, we suggest that you speak with a lawyer at a reputable law firm to learn more about your options and what is best for your situation.
How much does a divorce lawyer in Fayetteville NC cost?
Most divorce lawyers in Fayetteville NC charge hourly rates.
The total cost of your divorce will depend on how complex your case is and how much time your lawyer needs to spend on it.
Who gets the house in a divorce?
What about the kids? How does alimony work? These are all common questions that people have when they are going through a divorce.
While some couples are able to amicably split up their assets, parenting time, and child support, others need legal guidance to make sure that everything is fair.
That’s where legal services come in.
A divorce lawyer can help you navigate the often complicated world of family law.
They can help you understand your rights and responsibilities under the law, and they can represent you in court if necessary. To be sure, divorce law can be pretty complicated.
Even if you and your spouse are on good terms, it’s important to have someone on your side who understands the law and knows how to protect your interests.
If you’re considering getting a divorce, you should talk to a divorce lawyer as soon as possible. They can help you understand the process and what to expect, and they can answer any questions you have.
Don’t go through this difficult time alone – let a divorce lawyer help you every step of the way.
Hiring a good divorce attorney is something you can do for yourself during this difficult time.
They will be your advocate and guide you through the complicated legal process, making sure that your rights are protected every step of the way.
If you’re even considering getting a divorce, schedule a consultation with a divorce lawyer today.
Are there alternatives to divorce?
Of course, there are always alternatives to divorce. You could try couples therapy or counseling, but sometimes these things just don’t work out.
If you’re considering a divorce, it’s important to consult with a Fayetteville divorce lawyer to learn about your options and what to expect during the process.
Divorce can be an emotionally charged process, so it’s important to have an experienced professional on your side.
If you’re considering a divorce, don’t go through it alone. Contact a Fayetteville divorce lawyer today to learn more about your options and get started on the path to moving
What’s the difference between alimony and spousal support?
Alimony and spousal support are often used interchangeably. Alimony is paid by one spouse to the other after a divorce is finalized, while spousal support can be ordered by the court during the initial stages of the divorce process.
In North Carolina, divorce lawyers may refer to that as Post Separation Support or “PSS.” The old-fashioned term for post-separation support / spousal support is “temporary alimony.”
If you’re going through a divorce and are unsure whether you will be required to pay or receive alimony or spousal support, contact a Fayetteville divorce lawyer for more information.
How are things split up in a divorce?
This is one of the most common questions people have when they are considering getting a divorce.
The answer to this question can be very complicated because every divorce is different. However, there are some general things that may happen during a divorce.
For example, the assets and debts of the marriage will need to be divided up between the two spouses.
This can be a time-consuming part of the process, especially if there are a lot of assets or debts. A divorce lawyer will want to review your financial records and tax statements to determine the financial condition of you and your spouse.
Another thing that will need to be decided in a divorce is custody of any children involved.
The best interests of the children is one of the most important aspects of ending a marriage.
There are many other issues that may need to be decided in the divorce process, such as alimony, child support, and division of property.
Divorce lawyers work hard to make sure that all of these issues are handled correctly.
Hiring a family law attorney is so important because they can help make sure that everything is done correctly and fairly. If you are considering getting a divorce, make sure to hire a law firm with substantial experience handling cases in Cumberland County.
Divorce attorneys with courtroom experience handling child custody, domestic violence, ED, support, and visitation are positioned to fully understand the importance of separation agreements, property division, and premarital agreements in the divorce process.
If you have any questions about hiring our law firm for your family law matter in Fayetteville North Carolina or one of the surrounding communities, whether it involves child custody, marital property, or legal separation, we’d like to help.
Please feel free to contact our office to discuss possible legal representation. Family law cases are notoriously complicated.
Once an attorney client relationship is formally established, and as part of providing legal advice and legal services, we would be more than happy to answer any of your questions.
What does Equitable Distribution mean?
In North Carolina, the term “equitable” does not necessarily mean “equal.” The Courts will divide the property in a way that they feel is fair.
This can be done in a number of ways. Sometimes the family court Judge will try to split everything down the middle as best as possible. In other instances, property division may be subject to something called an “unequal distribution.”
This can be a difficult time for everyone involved. A lawyer can help you make decisions about your future and can provide the legal advice you need during this tough time.
If you are considering getting divorced, we strongly urge you to hire a divorce lawyer in Fayetteville. They can help make the process much easier for you and can protect your interests throughout the proceedings.