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Raleigh Divorce Law Blog

Parallel parenting can build into co-parenting

Even if parents agree to divorce, the process of ending a marriage can be incredibly stressful and create tension within the family. It is still only natural for spouses to harbor some sadness, anger or resentment.

The stress of a divorce and these emotions can make it difficult for parents to cooperate and co-parent together right away after their divorce.

Do not rush your divorce decisions

When you realize that you are done trying to make your marriage work, you may decide to seek a divorce. Some people try to get this process over with as soon as possible, so they can move on. However, this is not always a good idea.

In North Carolina, you and your spouse must be separated for at least one year and one day before you can file for your absolute divorce, which is really just the formal dissolution of your marriage. However, you are eligible to file domestic claims for custody, child support, spousal support and equitable distribution as soon as you are physically separated. For issues like temporary custody and temporary support, you may even be able to file these while in the same house under certain circumstances. While it may be desirable to get these issues resolved as soon as possible, there are a few big reasons to take your time: 

What is a child-centered divorce?

The month of January was National Child-Centered Divorce Awareness Month.

For many years now, January has been called "divorce month," since it is consistently one of the most common months for spouses to separate. However, families and family courts also increased their focus on children during divorce in recent years, since many research studies report that divorce can have a negative impact on children.

Can you hold a homewrecker responsible for your divorce?

Adultery is one of the most common reasons couples divorce. But, ending a marriage is not always enough to take away the pain of the betrayal. North Carolina is one of the only states that allows an aggrieved spouse to file a tort claim against the third party they believe is the cause of the divorce.

North Carolina's "heart balm" law

These tort claims are only available in a few states that still recognize heart balm torts. These are legal actions that you can take against a third party for interfering in your marriage. 

What should you know about separation before divorce?

Both spouses agree - their marriage is over. But then they are often left wondering: what do they do next?

Before anyone can get a divorce in North Carolina, a few conditions must be met. One condition requires spouses to wait a year and a day from the date of separation before they can officially file for divorce.

What to consider when deciding where to live during divorce

One of the first details that spouses must determine when they decide to get a divorce is what their new living arrangements will be.

Many individuals will want to stay in their family home. In fact, disputes over how to divide the marital residence are one of the most common arguments spouses run into during a divorce. However, it is rare for spouses to live under the same roof during the stressful proceedings of their divorce.

How do you divide debts in a divorce?

When it comes to dividing property in a divorce, most spouses worry about what will happen to their significant assets, such as the family home, their retirement benefits and their income. Essentially, many spouses think more about the financial assets they have, even though North Carolina law requires spouses to divide their financial liabilities as well.

Nowadays, debt is a reality for almost every individual and every couple, and the responsibility to pay that debt does not simply disappear because a couple divorces.

What do you do when your child is angry about the divorce?

Children react to their parents divorcing in many different ways. They often feel a wide range of mixed emotions, including sadness and confusion. Unfortunately, this mix of emotions can often manifest in children acting out in anger.

So, what should parents do when their child is angry about the divorce?

Financial planning is essential before you finalize your divorce

There is no doubt that getting a divorce is one of the most emotionally stressful experiences someone can endure. However, it is also one of the most financially stressful.

Divorce itself can be expensive and spouses must divide their finances and assets equitably. This is why it can be incredibly beneficial for individuals to prepare their finances for their divorce and their future.

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