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Raleigh Family Law Blog

3 ways you could be delaying your divorce

The divorce process is a painful one, and it takes a toll on people emotionally, physically, socially and financially. Considering how difficult this time can be, it is understandable that people often want to get through it as quickly as possible.

If this sounds like your goal as you consider divorce, you should be aware of some common missteps people make that can delay divorce and drag out the legal process unnecessarily. Knowing what these missteps are can help you avoid them and stay focused on moving forward.

Can I expect to receive alimony?

If you earn substantially less than your spouse, chances are you are feeling some fear and anxiety about your financial future after divorce.

Unfortunately, there is no way to answer this question without some details of your marriage, the divorce and elements of your financial background. In fact, even the courts will need to assess more than a dozen factors before granting or denying a request for alimony.

Protecting your privacy with mediation

Mediation is a common and pragmatic solution for people who are going through a divorce. It saves time and money, and it helps to keep people out of the courtroom. 

However, there are other benefits to mediation that you might not expect, including the protection of privacy. Below, we look at three ways that mediation can help you keep the details of your divorce out of the public eye.

How does child custody work in North Carolina?

If you and your spouse are ready to get divorced, you may be concerned with how to share time with your children once you are separated and no longer living in the same house. North Carolina's legal standard for determining custody arrangements is "the best interest of the child." As you can imagine, many divorcing couples have different ideas about what is in their child or children's best interests. 

Modifications may be necessary as kids head back to school

It's time for kids across North Carolina to head back to school. Whether you as a parent have been looking forward to this time or not, it is a time of transition for everyone. 

However, parents who share custody could find that they have an especially difficult transition to overcome. This is because certain changes that come with kids getting older and starting a new school year could require court-approved or court-ordered custody and/or support modifications.

What happens to inheritance money in a divorce?

Property division can turn into one of the most contested parts of a divorce next to child custody. That's because, like child custody disputes, matters concerning marital assets are often emotionally charged, a fact that can make legal matters difficult to resolve amicably without help from an attorney. However, there are other factors that can make property division a particularly challenging legal process, including the complexity of the asset, how difficult it is to value the asset, whether the asset is partly the separate property of one spouse, and whether an asset has both marital and separate components that have appreciated or depreciated over time.

Take for example inheritance money. Do you know how it is divided in divorce? If you're like most people, probably not, and that's okay. Determining how or if to divide inheritance money can turn into a complex issue for some. In order to resolve matters, there are some things that need to be considered first.

Be aware of taxes when dividing up retirement accounts

Divorcing couples in North Carolina have to worry about a number of issues, including property division. In addition to physical property, such as the family home and vehicles, couples may also have to divide up their accounts.

When one or both spouses have been working for a long time, they likely have at least one retirement account. Many people have 401(k)s or profit-sharing retirement plans through their employer, while others are self-employed and have an individualized plan. As you and your spouse work out the property division details of your divorce settlement, you may have to divide these accounts (as long as they are deemed marital property). Before you agree to anything, it is important to remember that your taxes may be greatly affected.

5 common divorce mediation myths

No one ever goes into marriage thinking one day it's all going to end in a flurry of arguments and divorce papers. People change, however -- it's just a fact of life -- meaning the two people who say "I do" in the beginning may not be the same people dissolving their marriage in the end.

So, do you take matters to court or settle things using mediation? It's a choice that could be weighing heavily on your mind right now, especially if you're like so many who have heard -- or believe -- these five divorce mediation myths:

3 things to know about mediation and your divorce

One of the last things you probably want to do if you are ending your marriage is be in the same place with your ex and find resolutions to complicated family legal issues together through mediation. In fact, you might be so angry, hurt or fed up with your ex that you see litigation as the only option for your divorce.

However, before you completely write off the idea of mediation as a means of resolving divorce-related issues, you should understand that mediation could actually be in your best interests.

Why some custody orders don't last forever

When Sarah and Andy got divorced, they had it all worked out: They would split custody. Each would have half the week, and they would alternate Sundays. This worked well for them when the kids were little since Sarah only worked weekends and could be home with the kids the first part of the week.

For his part, although Andy lived two towns over, his mother was close by and watched the kids while he was at work. The arrangement had been easy and navigable until now.

Raleigh Divorce Law Firm

8450 Falls of Neuse Road, Suite 200
Raleigh, NC 27615

Phone: 919-926-1943
Fax: 919-256-3971

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