Articles Tagged with Domestic violence

7-1024x1024What is a Financial Disclosure in a North Carolina Divorce?

When a couple decides to end their marriage, they begin the divorce process. In North Carolina, a couple must live apart for at least a year before they may seek a no-fault divorce. A no-fault divorce is based on the fact that both parties agree that the marriage is over and cannot be saved. The next step is for couples to divide their assets and debts in a fair and equitable manner. Marital property is property that the couple has obtained during their marriage.

Financial Disclosure of Assets and Debts

4-1024x1024What You Need to Know About Marital Property in North Carolina

North Carolina is a no-fault divorce state. This means that a couple may seek to end their marriage due to irreconcilable differences. A no-fault divorce is easier and less complicated than divorces that require grounds. While a no-fault divorce is likely less difficult, couples must still work to properly divide their property as well as their assets. North Carolina laws provide that couples divide marital property in an equitable manner when they divorce.

What is Marital Property?

5-1What is the Difference Between Joint and Sole Child Custody?

When parents’ divorce, they still have the responsibility of raising their children. Divorce can make parenting more challenging. Both parents are still part of their children’s lives and must still provide for them. Both parents generally have legal custody of their children. Legal custody means that you are allowed to make decisions on behalf of your child, such as those regarding education, religion, and medical needs. Parents may have joint or sole physical custody of their child.

Physical Child Custody

2-1How is Spousal Support Determined in North Carolina?

When a couple divorces, they must divide their marital property in half. Each party walks away with half of their assets. In some cases, one spouse needs money from the other for their ongoing living expenses. This money is called spousal support, maintenance, or alimony. Spousal support is not automatic. In order to obtain support, the judge must have evidence to prove that the spouse needs the money. It is helpful to understand how the courts determine spousal support in North Carolina.

Is Spousal Support Necessary?

5Asset and Property Division in North Carolina Divorce

When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.

Types of Property

6How Do I Prepare for a Custody Case?

When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.

Child Custody

2-6What is the Waiting Period for Divorce in North Carolina?

Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.

Waiting Period in North Carolina

3-1Managing Your Credit Score During Divorce

You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.

Marital Debts

1-4What is a Custody Evaluation?

When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.

Resolving Custody Disputes

11How Can I Relocate with My Child After Divorce?

Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.

Are There Restrictions on Relocation After Divorce?

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