By Onyx Watson
North Carolina family law is very vast and complex. Seeking a divorce here has many requirements. If you want to go through your divorce smoothly, it’s very important that you know certain specifics. We have made this guide in order to help you understand some basics that’ll set you on the right path. Dive in for details!
- Divorce isn’t Granted Directly
It’s not like you’ll go to the court today, apply for divorce, and will get it directly. There’s a separation rule where the couple is made to stay separately for 1 year before a judge can grant the divorce. A separation lawyer is someone who can help smooth things out to make getting divorced a year later less complicated.
- A separation lawyer prepares a separation agreement that includes details like the assets and debts you own with your spouse.
- The agreement also contains details like the division of both assets and debts and child and spousal support. Since there’s still a year, the lawyer makes suitable amends so that you and your spouse can agree to asset division instead of fighting for it in court. It saves time and money.
- If your spouse is abusive or an addict, a separation attorney also helps in getting a restraining order and, in extreme cases, even the plea to seek early divorce.
- Alimony isn’t for Everyone
The culture of alimony isn’t that prevalent now. It is granted only under the following conditions.
- You’ve not worked for years since you were taking care of domestic duties.
- You’re physically challenged and unable to work and meet your financial needs.
- You do not earn enough to support yourself and your child (that is if you get child custody).
- You’ve been physically and mentally tortured and traumatized in the marriage.
Besides, the amount and type of alimony (complete payment at the time of divorce or monthly payment for unlimited time) differs too. Only a divorce attorney can help you understand which one is the better option for you.
- Child Custody is Complex
Just because you’re the mother or just because you’re the father and you earn more, doesn’t mean you’ll get custody of the child. The court considers even miniature detail and gives the verdict in the interest of the child. Only a child custody lawyer can increase your odds of getting custody of your child.
The different factors that influence the court’s decision are as follows.
- The wish of children who are 12 or more is given preference.
- The parent who has been the caregiver and has spent more time with the child is usually given custody.
To put things simply, finding the right Wilmington divorce attorneys can make or break your life after divorce. So, be very careful when choosing one.
