Sometimes, even a seemingly simple divorce in NC can become quite complicated. Deciding on child custody and how to divide assets and liabilities can add stress and complexity to the proceedings. Thus, one of the best decisions you can make when ending your marriage is to hire a qualified attorney. With over 40 years of combined experience, Morgenstern & Associates can help you navigate family law to achieve a favorable outcome.
Do You Know Your Rights Under The Law?
Laws can be complicated and confusing. Trying to follow statutes while protecting your interests can prove difficult, especially in family law.
For example, to obtain a divorce in NC, you and your spouse must live physically apart for at least a year. This requires one of you to move out of the marital home. However, if you leave, can the courts consider your moving out a case of abandonment?
Furthermore, once you leave, can you return to pick up your belongings? Or will you be violating the NC domestic criminal trespass law?
Of course, hiring a lawyer relieves you of having to figure out how each choice will affect you. Your lawyer understands the impact of each action and can help you make the best choice.
Reasons Why You Need A Lawyer For Your Divorce
With so much information available online today, many couples try to dissolve their marriage without an attorney. However, online legal platforms generalize information and forms to fit most situations.
Unfortunately, filing incorrect forms or missing essential information can negatively impact your rights. Below are our top reasons for hiring a lawyer to handle your divorce:
1. Legal Knowledge
Court decisions and new statutes emerge all the time. An experienced lawyer understands how every law impacts your rights and fits your particular circumstances.
2. Protect Your Rights
Asset division, spousal support, and child custody/support issues are very combative and confrontational issues. Hiring a qualified lawyer can protect your rights ensuring a favorable outcome under the law.
3. Reduce Stress
A divorce is a very emotional time. Do you have the energy to deal with your emotions and make sure you don’t miss a deadline? Your attorney will file all the proper documents on time so you can focus on healing.
4. Avoid Costly Mistakes
Many times, procedural law, the court’s rules and regulations for handling a case, can vary by county. Mistakes or omissions in following the procedures can damage your case. Sometimes, the judge will even dismiss your case.
A Separation Agreement
Often, one of the biggest disagreements during a divorce is who gets to stay in the house during the separation. If you’re planning on proceeding with a divorce, complying with the law’s requirement of living apart is necessary.
Yet, financial circumstances can make this very difficult. As co-owners, both of you are responsible for mortgage payments and upkeep of the home. However, setting up another residence can be a financial strain.
Then, there’s the issue of the children. If you’re like most parents, you don’t want to uproot them during the divorce.
One way to avoid many legal troubles is to execute a separation agreement. This document can detail your rights and responsibilities during your separation. Plus, you can address many different issues in your separation agreement:
- Who stays in the house
- Which spouse is responsible for particular bills
- Child custody and support
- Property Division
- Post-separation spousal support
Moreover, by executing a separation agreement, you can make your divorce easier. Usually, a separation agreement will address the issues you’ll face when dissolving your marriage. Thus, the terms of the separation can carry over into the divorce eliminating arguments and negotiations.
Divorce In NC FAQs
Below, we’ve answered a few questions our clients frequently ask us. However, the outcome of your case greatly depends on the circumstances. Thus, you always need to consult with an attorney for specific legal advice for your divorce. To set up a consultation to discuss the details of your situation, call us at 336-203-9110.
How Much Will My Divorce Cost?
Certainly, a divorce has some fixed costs, applicable to everyone. First, you must pay a filing fee to the court to process your forms. Additionally, you need to pay to properly serve your complaint on your spouse.
Other costs of your divorce fall directly on you and your spouse. Lengthy negotiations require more of your lawyer’s time. Moreover, unresolved issues may require you to go before a judge
How Long Will My Divorce Take?
Again, much of the responsibility of resolving your divorce quickly belongs to you and your spouse. Of course, you need to meet the statutory requirement of living apart for a year.
During this time, you can draw up a separation agreement to resolve all your legal issues. With all the legal issues surrounding your divorce addressed in your separation agreement, your divorce can proceed fairly quickly.
Must I Take My Case To Court?
No. You can avoid court by reaching an agreement on all the issues. Sometimes, couples do this through a separation agreement. Other times, couples can resolve differences through the help of a mediator.
At Morgenstern & Associates, we try to avoid taking your case to court if at all possible. Not only is arguing your case before a judge stressful for you, but it also drives up your costs. However, when court action is a necessity, we have extensive experience in fighting for your rights.
Divorce in NC can be complicated, but we can help make it as stress-free as possible. Call us today at 336-203-9110 to schedule a consultation with one of our experienced attorneys.