Family law claims are often emotionally difficult, as they deal with the people that we hold dear. These cases involve complicated decisions that can alter your family’s future and dynamics. This is especially true with divorce claims. If you are considering legal separation or divorce, it is important to know that you are not alone.
With the help of a qualified family lawyer in Marvin, NC, you can navigate your claim with ease and peace of mind. The family law attorneys at Lehnhardt Price Family Law are here to support you and your loved ones during this difficult transition.
When you are facing a divorce case, it is important to have the right team by your side. Our attorneys at Lehnhardt Price Family Law provide personalized, one-on-one service to each of our divorce and family law clients. Our firm is focused on building trust and relationships with each of our clients to achieve more favorable outcomes for their cases. When your attorney truly knows you and your situation, they can better advocate for your needs in court.
Finding a divorce attorney can be difficult, but we are confident that our staff has the representation that you are looking for. Our experience in family law combined with our unique and tailored approach creates reliable representation that you can trust.
Although many people generally understand what divorce is, few know about all the negotiations that must take place before a divorce can be finalized. Before you begin the process, it is important to be aware of the negotiations that you may encounter.
Most divorcing couples have to go through the property or asset division process. During these negotiations, you and your spouse will split your shared assets. This way, you each have something with which to start your new, single life.
In some cases, couples retain assets and simply divide them between the two individuals. For example, one spouse may take the car, boat, and savings accounts while the other spouse keeps the house. In other situations, the couple sells the assets and splits the profits from the sales.
Property division conjures thoughts of homes and acreage for some people, but it is more than that. Your marital property is any asset that the two of you share. Unless you signed a prenuptial agreement, most assets are considered shared or marital.
Examples of assets that you must divide during property division include:
Dividing assets can become heated if you and your spouse argue over certain items or act vindictively. It is helpful to have an attorney for all negotiations that take place during the divorce process.
If you share children with your spouse, the divorce process requires that you make arrangements for your children. The primary subject of negotiation will be child custody, where you determine who will be the children’s ongoing guardian. You may share custody with your children’s other parent, or one of you may get sole custody. The court grants custody based on each parent’s ability to provide a safe, stable home for the children.
If custody arrangements are uneven, or if one parent makes a vastly higher income than the other parent, child support may be necessary. Child support is a monthly payment that helps a custodial parent pay for the child’s upbringing. The law requires that both parents contribute equally to the child’s upbringing, either through custody or through financial support.
Some divorces warrant spousal support, while others do not. Spousal support is a monthly payment that one spouse makes to the other. These payments are meant to help a lower-earning spouse maintain their lifestyle and meet their needs after the divorce is finalized.
In some situations, spousal support acts as a kind of compensation for sacrificing one’s career to stay home and care for children. Many people who relied on their spouse’s income during their marriage have a difficult time finding gainful employment after a divorce. Having a gap in their resume makes it harder to compete for a job.
All states have their own rules and requirements for the divorce process, and North Carolina is no exception.
North Carolina is a no-fault divorce state, meaning that you cannot use reasons such as adultery to divorce your spouse. In fact, there are only two circumstances in which you may divorce your spouse. They are:
Most people opt for the first choice, as it does not require as long of a waiting period. In any event, you may not use any of the traditional fault-based reasons to seek a divorce in North Carolina.
Although this requires patience, it helps to ensure that divorcing couples are certain about their decision before it becomes legal and official.
Most people who get divorced have difficulty communicating, which is a main reason for the separation in the first place. This makes it difficult to have productive negotiations and agree on the necessary terms of a divorce. When you have an attorney to represent you, we do the negotiating on your behalf. We work closely with our clients to understand their needs and objectives. We can then negotiate for your interests during the divorce process.
A divorce attorney also ensures that the terms of the divorce are legal and fair. The law requires that marital property be split evenly, so it is important to have an attorney make sure that any agreements follow the law. If you do not, it can extend or delay the divorce process.
There are a lot of considerations in the divorce process. It is difficult to navigate them on your own. Having a divorce attorney on your side is a significant asset to your family and future.
Divorce attorneys have individualized pricing and fee structures. Therefore, it is important to speak with any potential attorneys about how they charge for their services. Many family law attorneys charge an hourly rate between $100 and $300 per hour. However, others charge a settlement percentage or have a different rate. The filing fee to file for divorce with the state is $225. There may be additional court costs in some situations as well.
The law does not require you to hire an attorney for the North Carolina divorce process. However, it is to your benefit to do so. Many couples have difficulty splitting marital assets, negotiating child custody and child support, and determining spousal support without the help of an attorney. If you try to do these things alone, you can easily make mistakes. These can delay the process or cost more money in the long term. We suggest using a family law attorney.
Yes, North Carolina is a 50/50 divorce state. This means that marital property should generally be split equally between spouses. However, the court assesses each situation individually. In some situations, it is fairer to give one spouse more assets than the other. If you would like to know what portion of the marital assets you can expect to receive, speak with a divorce attorney directly. We can estimate once we know your unique situation and circumstances.
The most effective way to move the divorce process along is to create a reliable separation agreement with your spouse. This gives you documentation of your process to yield faster court approval. Divorces will also be faster if you have an attorney and generally agree on:
If you are desperate for a fast solution, you may want to explore annulment to see if the requirements fit your situation.
The law does not allow you to officially file for divorce unless you and your spouse have been separated and living apart for at least 1 year. This may seem frustrating, but the law requires it so that couples do not rush into the divorce process. This reduces the likelihood of two people remarrying after they divorce. It also minimizes other issues that can arise. You can begin negotiations before the year is over; you just cannot officially file.
Our team at Lehnhardt Price Family Law knows that family law issues can be emotionally intense. We are here to provide stable, reliable legal services during this tumultuous time. For more information, or to schedule a consultation or meeting with us, contact Lehnhardt Price Family Law today.