Typically, when most couples say, “I do”, they don’t anticipate divorcing a few years later. As the possibility of ending the marriage becomes evident, arguments begin over who gets what. Without a prenuptial agreement, most couples have no idea how to split up assets and acquired debt. Plus, one spouse may have given up a career to maintain the home or raise children. Spousal support may be something you need to survive after your divorce. When searching for an alimony lawyer near me, choose Morgenstern & Associates.
What Is Alimony?
Sometimes, in a marriage, one spouse will sacrifice a career to take care of the children or maintain the household. When the couple decides to divorce, this spouse can have difficulty securing a job. This legal concept of helping the dependent spouse is alimony or spousal support.
As with other aspects of a divorce, couples may be able to negotiate the terms of their alimony agreement. This saves time and the expense of going to court. Yet, you’ll still need the help of a lawyer to draw up and file the necessary paperwork properly.
Unfortunately, most divorcing couples disagree on the payment of alimony. Frequently, couples can settle the details through mediation. However, when all methods have failed, family court will need to decide the matter.
In determining the amount, length of time, and manner of payment, the court has full discretion. There isn’t any set mathematical formula. However, a judge will look at several deciding factors set forth by statute.
Do I Need A Lawyer?
In the United States, divorce is very common with approximately 50% of all marriages ending. Sometimes, infidelity, abuse, or addiction is the driving force. Other times, couples simply decide they can’t live together anymore.
Even if you and your spouse agree on the terms of your divorce, it’s important you consult an attorney. The divorce decree has long-term consequences and is legally enforceable. For example, you must request spousal support before your absolute divorce is final. Otherwise, you forever forfeit the right to ask the court for alimony.
Similarly, once you have a child custody order, you must follow the terms exactly. Failure to do so can result in a judge finding you in contempt of court.
Either way, it’s important to search for a reputable alimony lawyer near me online to locate an attorney in your area that can help.
Property Division Considerations
During your years of marriage, you and your spouse most likely accumulated assets and debts. Marital property includes pensions, 401(k)s, and any other type of deferred compensation rights. If you contributed or accumulated such an asset during your marriage, the courts consider it a marital asset. Unless you have a prenuptial agreement in place, your retirement account is subject to equitable distribution.
Generally, in North Carolina, courts use equitable distribution to divide assets and debts fairly. While this may be an even split, a judge may divide the property otherwise. In determining the split, the judge will look at several factors. Some of these factors include the income and property of each spouse, duration of the marriage, and child custody agreement.
Sometimes, dividing retirement accounts can get complicated. If the plan began before the marriage, the courts will consider part of this asset separate property. Additionally, many 401(k)s are stocks with fluctuating values.
Your Divorce Has Many Legal Ramifications
If you’re considering a divorce, you may only be thinking of ridding yourself of your spouse. Hiring an experienced lawyer can help you sort through and consider many other issues:
- Where will you live?
- What about your long-term security?
- Who’s responsible for paying your joint credit cards?
- Can you remove your spouse from your insurance or will?
- Will you incur new tax responsibilities?
- Do you think your spouse is hiding any assets?
- Which parent should have custody of the children?
A knowledgeable lawyer can help you sort through these emotional and very personal matters. At Morgenstern & Associates, we have over 40 years of combined experience assisting many divorcing couples to a favorable outcome.
FAQs Regarding Divorce And Alimony
Looking for a great alimony lawyer near me may leave you feeling vulnerable and overwhelmed. To help you in your search, we’ve answered some commonly asked questions.
Should I Look For An Attorney With Any Particular Type Of Specialization?
Board certification is a type of specialization showing proficiency in an area of law. Hiring a board-certified specialist ensures your lawyer is aware of the latest court cases. These cases may impact the interpretation of existing statutes.
Both Barbara R. Morgenstern and Ashley D. Bennington are Board Certified Specialists in Family Law. Moreover, Barbara is a Fellow in the American Academy of Matrimonial Lawyers. Additionally, both attorneys serve as adjunct professors of family law at local law schools.
What Is The Typical Fee For An Alimony Lawyer Near Me?
The details and facts of each divorce case are unique. Contested divorces, child custody disagreements, and high-net-worth divorces can drive up costs. Thus, each case is different and there is no standard fee in an alimony case.
As experienced lawyers, we can help you secure an equitable share of marital assets and reasonable custody rights. We have the experience necessary to navigate complex laws for a favorable outcome. Moreover, our honors, awards, and credentials from North Carolina professional and legal organizations validate our expertise.
Can Men Get Spousal Support?
In North Carolina, both men and women now share equal obligations under the law. Thus, whichever spouse can show dependency upon the other’s income or assets may be able to obtain spousal support.
When Should I Contact A Family Law Attorney in Greensboro NC?
If you’re experiencing serious issues in your marriage, now is the time to call a lawyer. Speaking with an attorney can make sure you protect your rights should you decide to file for divorce.
When you need an expert family law Greensboro NC attorney, you can trust Morgenstern & Associates. Call us at 336-203-9110 to make an appointment to discuss your situation.