A Cary divorce lawyer can help you navigate through this difficult time and make sure that your best interests are represented throughout the process.
Whether you and your spouse agree that a divorce is the next step, or you are just beginning to research what divorce might look like for you, an experienced Cary divorce lawyer can help you feel secure about the next steps, whatever they may be.
Do I Need A Divorce Lawyer?
A common misunderstanding is that a divorce lawyer is only needed in highly contentious divorces, but that simply isn’t true. You will benefit from working with a family law attorney, even if you and your spouse are on amicable terms. A few reasons why you should work with a divorce lawyer:
- Divorce is more than the end of a relationship. It is also a legal process. A marriage certificate is a contract. There are important deadlines to observe and forms that must be filed to properly terminate the contract. Without a divorce lawyer’s knowledge, you risk dragging out the divorce proceedings and just getting things wrong.
- Divorces are different from state to state. An experienced Cary divorce attorney knows the North Carolina laws inside and out. They see the big picture and understand how our specific state laws are going to impact your divorce.
- Lastly, even couples who agree to a divorce and know in their heart that it is the best decision can become emotional when trying to separate their lives and make decisions about their future. A divorce attorney should remain level-headed and help you make the best choices for you and your family.
Divorce is hard, even under the best circumstances. Our Cary divorce lawyers will be with you every step of the way.
Preparing For Divorce
As you and your spouse prepare to divorce, there are some important steps you must take.
Prepare for Legal Separation
According to North Carolina law, couples must live “separate and apart for one year” before they file for divorce. Our divorce attorneys ensure that you meet all requirements for a legal separation. We also draft your separation agreement and property settlement if you need one. This agreement can help you avoid needing to have hearings in front of the Judge to sort out your legal issues.
Gather All Financial Records
You and your spouse need to gather your financial records. This includes joint and individual debts and assets so that they can be divided equitably during divorce.
Be Mindful of Social Media
You should be considerate of what you share on Facebook, Instagram, and other apps. Even seemingly harmless statements or photos could be viewed unfavorably and used against you in divorce proceedings.
Consider Mediation
A mediated agreement puts you and your spouse in control instead of a judge. Together, with the help of your lawyers, you make the important decisions about your future.
What Are The Benefits Of Mediation?
When both parties have a commitment to iron out their differences and work together, mediation offers many benefits.
- Mediation costs less than litigation. When a couple separates, finances are a common worry. With mediation, you can save money.
- Litigation can drag out and is dependent on when the courts can see you. On average, a mediated divorce is completed much faster.
- Through mediation, if you settle by separation agreement and property settlement, your family matters are kept private. In a court hearing or through a consent order from mediation, however, asset division, child custody arrangements, and alimony will be documented in public court filings.
- Mediation allows you to maintain a united front to your families, friends, and community. Children benefit by not having contentious custody hearings dragged out.
While you don’t have to enter mediation agreeing on every little issue, mediation may not be right for every couple. If there are major disagreements over child custody, alimony, or the division of assets and debts, litigation may be more appropriate. Triangle Smart Divorce understands every divorce is unique, and we have experience handling both mediation as well as litigation.
The Divorce Process In North Carolina
North Carolina is a no-fault divorce state. Neither you nor your spouse has to prove that any wrongdoing occurred, such as adultery or abuse, to be able to divorce.
Chapter 50 of the North Carolina General Statutes sets forth the state’s divorce laws. Before you can file for divorce in the state, there are certain requirements that must be met.
Separation Requirements
You must be separated for at least one year (with the intent of at least one spouse for the separation to be permanent) before you can file for divorce in North Carolina.
Residency Requirements
Before you can file for divorce, one or both spouses have to have lived in the state for at least six months.
Property Division
Couples who divorce often have commingled debts and assets to sort out: homes, vehicles, vacation residences, businesses, and inheritances. You’ll need to work together for an equitable division. And as part of your property division, you can make arrangements for any family pets.
Children Custody & Support
You must agree to custody and support arrangements for any minor or dependent children or else life is unpredictable and chaotic. Often, this is the most emotional aspect of separation and divorce.
Finding The Best Cary Divorce Lawyer For You
Our firm prioritizes mediation in divorce cases because we believe that is the best pathway for everyone involved. While we’ve found that mediation works well for many couples, some cases are just going to have to go to court. Our divorce attorneys handle simple divorces, high-income/high-asset divorces, and everything in between.
Whatever your divorce needs are, Triangle Smart Divorce can help. Contact us today to schedule a call to discuss your unique situation.
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