Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”
While many millennials are delaying marriage, it is not rare for people to get married in their mid-20s nowadays. However, not all marriages are meant to last forever, which is why many couples in their 20s end up getting divorced.
If you are a millennial seeking or considering divorce, there are five things to consider.
Do You Have a Prenuptial Agreement (Prenup)?
A 2018 survey showed that a large percentage of millennials are requesting prenuptial agreements prior to marriage. If you have a prenup and are considering a divorce, have a family lawyer review the agreement to determine how it might affect your divorce case.
If you do not have a prenup, you and your spouse will have to resolve any divorce-related issues, including property division and alimony, through negotiations or mediation. If mediation does not work, you might have to go to court.
Will You or Your Spouse Pay Alimony?
Whether or not a judge will award alimony in North Carolina depends on numerous factors, including but not limited to:
- The duration of the marriage;
- The reasonable need for alimony; and
- The other spouse’s ability to pay spousal support.
If your prenuptial agreement does not address alimony or you have no prenup, you should consult with an alimony attorney to review your particular situation and determine whether you or your soon-to-be-ex-spouse will be ordered to pay alimony.
Can You Afford a Lengthy and Contentious Divorce Case?
Unless your marriage does not involve children and you agree on all of your divorce issues, the divorce process can be quite time-consuming and costly. You should consider consulting with a divorce lawyer to estimate the cost of your particular case.
You need to understand whether you can afford prolonged, contentious divorce proceedings. Sometimes, it is better to prioritize the things that matter to you the most and focus on what is best for you and your children in order to de-escalate the tension in your divorce case.
Will You Use Social Media During Divorce?
Most millennials have at least one social media account. That is why people in their 20s must be careful about the use of social media while their divorce case is pending. Since your social media posts are easily accessible by your soon-to-be-former-spouse and their lawyer, what you post online could end up complicating your divorce case or even hurting your chances of obtaining a favorable outcome.
Will You be Able to Recover From This on Your Own?
For a married person in their 20s, getting divorced may feel like the end of the world. Most people who get married young cannot imagine their lives without their spouses. While ending a marriage does take an emotional toll, it is certainly not the end of the world.
The only question is: will you be able to recover after a divorce on your own, or will you need to lean on your family, friends, or even professionals for support and to heal the emotional wounds? Getting divorced is a stressful experience, especially if you are a 20-something individual who has no idea how the legal system works.
For this reason, you may want to contact a Charlotte divorce attorney to help you handle your divorce case while you focus on your recovery and rebuilding your life after ending your relationship.
Consult with our family lawyers at Arnold & Smith, PLLC, to talk about your divorce in your 20s. Get a phone or video consultation by calling at (704) 370-2828 to speak with our detail-oriented and well-versed lawyers with offices in Charlotte, Lake Norman, and Monroe, please contact Arnold & Smith, PLLC today or find additional resources here.
The family law practice group at Arnold & Smith, PLLC includes two 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.
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