Charlotte Divorce Lawyer Blog
When you decide to end your marriage, you are likely facing a lot of stress and trepidation. You are unsure of how to proceed, yet you know you need to protect yourself through the process. In North Carolina, property that is obtained during the marriage is to be distributed in an equitable distribution, generally in a 50-50 manner. There are some things you should begin working on as soon as you separate, or before. A knowledgeable divorce attorney will help guide the divorce process.
Locate Financial Statements
One of the most important things you can do as you begin the separation and divorce process is to understand your marital finances. Print and gather all the documentation related to bank accounts, loans and mortgages, credit cards, retirement accounts, and more. This data will be critical when dividing assets.
Determine Personal and Marital Assets
As part of asset distribution, you will need to determine which assets are marital assets and which are personal assets. In addition, you will need to keep track of any property obtained after you separated, which is considered divisible.
- Marital Property
- Personal Assets
- Divisible Assets
Marital property includes assets you purchased or obtained during your marriage. It also includes debts. Exceptions include inheritances that you received during marriage, and gifts that you received. Personal assets are those that you owned prior to marriage. Divisible assets are those that have changed in value between the time of separation and divorce.
Begin Working on the Settlement Terms
The settlement includes the distribution of your marital and divisible property. Start working on the settlement terms because this can take some time, especially if you and your spouse have disagreements. If you find you have some disputes, it’s best to start trying to resolve them as soon as possible. Keep in mind that in North Carolina, you must live apart for a period of at least one full year before divorce, so use this time to handle these issues.
Determine a Workable Parenting Plan
When you are divorcing with children, you need to make them your first priority. Decide child custody matters. Try to establish a visitation schedule that accommodates the needs of your kids and gives them a steady and reliable plan. This will help to create a daily and weekly timetable that will give your children a feeling of security. Work out a long-term parenting plan that will be incorporated into the divorce and child custody order.
Work With a Mediator
Sometimes couples encounter differences that they cannot resolve on their own. If both parties dig in their heels on certain issues, there can be an impasse. A mediator is an objective professional who assists couples in resolving difficult disputes. Both parties meet with the mediator, who will offer guidance to help couples come to a reasonable resolution that is agreeable to both parties.
Seek Legal Guidance
Your attorney has the training and experience to help you through even the most acrimonious situations. Your lawyer always advocates for what is in your best interest and will assist you in navigating the divorce process. An experienced attorney will answer your questions and ensure that the process moves along properly and expediently. To speak with one of our divorce attorneys, call us at Arnold & Smith, PLLC, at (704) 370-2828 today.
The family law practice group at Arnold & Smith, PLLC includes multiple 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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
https://www.nccourts.gov/help-topics/family-and-children/child-custody
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
Six Things to Do to Prepare for Divorce
What is a Financial Disclosure in a North Carolina Divorce?