Divorce FAQs
Every divorce is different, but not every question facing those getting divorced is unique. Your divorce will be a compilation of many factors that coincide with established precedents. But, as your divorce lawyers, we’ll be your guides through all of that.
Our first job is to educate you on the entire divorce process, and that means answering your questions. To help you get started, below are answers to a few questions that we get the most.
How long does the divorce process take?
In North Carolina, there is a built-in 30-day waiting period for an uncontested divorce. During that time, a spouse seeking divorce must wait for the other spouse to respond to it. However, the waiting period only applies to the filing of the divorce proceedings – the court date and the filing dates for the paperwork.
For a no-fault divorce, there are several other important pieces to understand, such as the stipulation mandating that the spouses live separately for one year. Additionally, if your spouse contests the divorce, things could take much longer. Divorce will take as long as it takes.
What is the difference between a contested and an uncontested divorce?
An uncontested divorce is one in which both parties agree on how all marital controversies should be resolved, from child custody to property division to spousal support. If you and your soon-to-be ex have fully worked out the terms of the divorce, then the state will accept your agreements.
A contested divorce means that there is a disagreement regarding one or more parts of the dissolution. Resolving disagreements can require mediation, negotiation or litigation.
Do I need a lawyer to get a divorce?
The only thing the state of North Carolina requires for a divorce is accurate paperwork filed on time. However, going it alone during your divorce may not be the best option, because only an experienced divorce lawyer will have familiarity with the law and the court systems in Raleigh.
We also know what the law says you deserve from your divorce. There’s nothing wrong with trying to work things out yourself first, but at a certain point, a divorce attorney may make the process a lot easier on you.
How is child custody determined?
Child custody is determined based on the child’s best interests. If there are safety concerns, then one parent may get full custody. However, typically, the courts will prioritize a joint custody situation.
Will I have to pay alimony/spousal support?
Alimony is not automatic in North Carolina, but, depending on many factors, you may have to pay support. The relative difference in income and the length of the marriage are two of those determining factors.
How is property divided in a divorce?
North Carolina has an equitable distribution model for property division. This does not mean that both sides will get a 50% share. Each side will get a fair share of the estate based on the length of the marriage, contributions and several other factors.
Can I change my name back to my maiden name during the divorce?
You may change your name post-divorce and make it part of the divorce decree. It is a procedural addition to the divorce paperwork.
What should I do to prepare for divorce proceedings?
Preparing for divorce proceedings is a matter of compiling documentation. This includes financial records, for the most part, but also deeds, sale agreements, tax documents and marriage certificates. You need to collect a large amount of paperwork to effectively pursue your divorce.
How can I protect my children during the divorce process?
Protecting your children from a physically abusive spouse may require the use of a protective order. North Carolina law provides several options, and we can assist you in pursuing those.
What are the tax implications of a divorce?
At the bare minimum, your filing status may change, but divorce has a complicated relationship with taxes. Depending on the breakdown of your estate and the changes in your finances post-divorce, your taxes will change dramatically.
Can a divorce decree be modified?
Yes. No divorce decree is set in stone. It must be changed as your life changes, and to do that, you will need to receive modifications through the court.
How can I protect my business during a divorce?
To safeguard your business during a divorce, it’s crucial to keep business and personal finances separate. This makes it easier to show what’s yours and what’s shared. Consider having a prenup or postnup agreement that outlines how the business would be handled in a divorce.
Keep good financial records and get a professional valuation of your business to establish its worth. Talk to a lawyer and accountant for advice on the best ways to protect your specific business. Try to settle matters outside of court if possible to avoid lengthy, costly battles. Be ready to buy out your spouse’s share if needed, which might involve taking out loans or selling assets.
What happens to my 401(k) in a divorce?
In a divorce, your 401(k) is usually considered marital property and may be divided. The court might split it evenly or decide on a different split based on various factors like the length of the marriage and each spouse’s financial situation.
A special court order called a Qualified Domestic Relations Order (QDRO) is often used to divide the 401(k) without incurring tax penalties. This allows for a portion of the account to be transferred to your ex-spouse’s name. Remember, only the amount accumulated during the marriage is typically subject to division.
How do prenuptial and postnuptial agreements affect divorce proceedings?
Prenups and postnups can greatly influence divorce proceedings by setting out clear terms in advance. These agreements typically outline how assets will be divided and if spousal support will be paid. If valid, they can simplify the divorce process and reduce conflicts over financial matters.
Can the terms of a divorce decree be changed after the divorce is finalized?
Yes, some terms of a divorce decree can be changed after finalization through a process called post-divorce modification. Common changes include child custody arrangements, child support amounts and alimony payments.
To make changes, you usually need to show a significant change in circumstances, such as a job loss or relocation. You’ll need to file a petition with the court and possibly attend a hearing. Property division, however, is typically final and harder to change unless there was fraud or hidden assets. It is best to consult with a divorce lawyer to understand what can be modified in your specific situation.
What happens to the family cabin in a divorce?
In North Carolina, the family cabin’s fate in a divorce depends on its classification as marital or separate property. If the cabin was purchased during the marriage with marital funds, it’s typically considered marital property and subject to division.
However, if one spouse owned it before marriage or inherited it, it might be treated as separate property. Raleigh courts consider factors such as the duration of the marriage, each spouse’s income and contributions to the property when determining division.
Your attorney may recommend negotiating the cabin’s disposition, which may involve selling it and splitting the proceeds, one spouse buying out the other’s share or continuing co-ownership post-divorce.
What happens to my stock holdings in a divorce?
Stock holdings are subject to equitable distribution in a divorce. The treatment of stocks depends on when they were acquired and the source of funds used to purchase them. Stocks bought during the marriage with marital funds are typically considered marital property and divided equitably.
However, stocks owned before marriage or inherited may be treated as separate property. Raleigh courts may consider the active appreciation of separate property stocks during the marriage as marital property.
How is existing debt handled in a divorce?
Debt division follows the equitable distribution principle. Debts incurred during the marriage for the benefit of the family are usually considered marital debts and divided fairly between spouses. This may include mortgages, car loans, credit card balances and other joint obligations. However, debts incurred by one spouse for personal benefit or before the marriage may remain that spouse’s sole responsibility.
Raleigh divorce attorneys often emphasize that creditors are not bound by divorce agreements, so even if a court assigns a debt to one spouse, both may still be held liable if the debt was jointly incurred. This makes it crucial to address debt division carefully and consider refinancing or paying off joint debts when possible.
How will divorce impact my credit score?
While divorce itself doesn’t directly impact credit scores, the financial changes resulting from divorce can indirectly affect credit scores. If joint accounts are not properly managed or closed, late payments or defaults can negatively impact both parties’ credit scores. Our attorneys often advise clients to monitor all accounts, especially joint ones, during and after the divorce process.
Establishing individual credit, closing joint accounts when possible and ensuring timely payments on all obligations can help maintain a healthy credit score post-divorce.
Get Answers To All Your Questions Today
As separation attorneys, we’re here to help you. We know the law and can provide you with our perspective and advocacy throughout your divorce. We will take your side and keep your confidence for as long as you need us. Reach out to us today at the Raleigh Divorce Law Firm for a consultation at 919-926-1943 or send an email using this online form.