I Want a Divorce, Where Do I Begin?
There are many things to consider once you have decided upon divorce. In fact, from a legal standpoint, the divorce itself- the entry of absolute divorce- may be the simplest part.
Do I Need a Separation Agreement?
Separation Agreements are incredibly helpful. These agreements are how you and your spouse determine support payments, division of property, and child support (if needed) from the time of separation to the entry of absolute divorce. Think of a separation agreement as the rules that you and your spouse must play by while you work out the long term details for the divorce.
Why Do We Need a Separation? We Both Want the Divorce.
In North Carolina, absolute divorces are obtained based on one year's separation. This means that you and your spouse have lived separately for one continuous year without ever resuming the marital relationship. In other words, if you moved out for three months in 2009, those three months will NOT count towards your one year separation in 2011.
Is It Really That Simple?
No. While occasional isolated instances of sexual intercourse will not be a definite block to your absolute divorce at the end of the year, those instances may be considered, along with other factors, by a judge determining whether you have voluntarily renewed the marital relationship. If the court finds this, the twelve month clock starts from the beginning.
How Do I Protect My Financial Well-Being?
There is no easy answer for this. Many factors determine whether alimony is required, how much will be provided if it is required, and how property (including bank accounts) will be divided. This should not be left to chance, and it should not be left until too late. Be sure to contact a lawyer to help guide you through this complex process that is ultimately based on your unique situation.
What About the Kids? Who Is Going To Support Them?
Both parents have a duty to support their children. North Carolina has guidelines for determining child support, based on each parents' income, the custodial agreement, and many other factors such as day care and health insurance costs. There are forms available from the Administrative Office of the Courts to determine support.
Speaking of Custody... Who Gets the Kids?
Agreeing on an arrangement peaceably is the best option for the children. When this is not possible, person seeking custody may petition the court to make the determination. These determinations are not permanent, and can be changed, if circumstances dictate, at any time before the child in question reaches majority.
I Didn't Know There Were So Many Issues. How Can I Handle This Alone?
You are not alone. With the help of our dedicated, experienced team, you can get through this difficult time in your life, and be well positioned for the future.
I Can't Afford an Attorney, Will the Court Provide Me With an Attorney?
Unfortunately, no. You must provide your own attorney or represent yourself. In some counties, Legal Aid offers self-help clinics. You are permitted to handle all of these issues on your own whether you choose to ask the court to decide your issues or whether you sign a separation agreement settling the rights arising out of your marriage. However, choosing the less expensive path now can set you up for a more expensive fight later on. At a minimum, you should consult an attorney before you sign anything connected to your separation or divorce.
