When you and your spouse have decided to end your marriage, the first step in North Carolina is to separate. You must live apart from each other for a year before you can get a divorce. You do not need to have a legal separation, but it can be beneficial to have a legal document that guides your separation. A knowledgeable divorce attorney will answer your questions and help you through the separation and divorce.
Moving Out Without a Separation Agreement
North Carolina requires couples to live apart for at least one full year before they can divorce. You cannot live in the same residence during this time, and you must intend to divorce. Although a legal separation agreement is not required, it can be a useful document. The separation agreement addresses all the settlement terms and also provides guidance for how couples are to handle expenses during this time. An agreement could help you make divorce easier and less stressful.
Failing to Disclose Finances
Part of the divorce process is to equitably divide your marital assets. One of the first steps is for both parties to disclose their finances. It is critical that you provide full details of your finances during this exchange. If you fail to provide information or provide misinformation, you could face serious consequences. You will also want to be sure not to use funds that are designated for both parties unless you have an agreement.
Making Negative Comments
Although a divorce may be contentious, it is not a reason to make negative comments about your spouse. Whether online or in person, dissing your spouse could cause your children to become confused or stressed. You should do everything you can to keep your children safe from hurtful or negative information about both of their parents. In some cases, these comments could be reviewed in the decision for child custody.
Getting Involved In A New Relationship
Now that you are separated, you may feel ready to start dating again. It may be best to hold off until the divorce is finalized. Dating someone new may add some unnecessary complications to the process. Instead, take this time to get your new life in order and begin making new routines for yourself and your children. Settle into your new lifestyle and wait until the divorce to date. Remember that marital misconduct typically does not impact the distribution of marital assets in a divorce, but it can play a role in other aspects, such as spousal support. Be sure to get some legal advice from a reputable divorce attorney.
Making Too Many Life Decisions Too Soon
Divorce is one of the most stressful of all life changes. Separation and divorce can be extremely challenging, and you will want to take your time in making decisions. Don’t make decisions based on what others tell you or what you feel you should do. Rather, consider your own needs and the needs of your children and make decisions based on the long-term impact.
One way to avoid the pitfalls of separation and divorce is to seek guidance from an experienced attorney. Your lawyer will answer your questions and help you through the process, all the while looking out for your best interests and protecting your rights. To request a consultation with our knowledgeable legal team, contact us today at Arnold & Smith, PLLC, at (704) 370-2828.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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