Divorce FAQ

From a legal standpoint, few things can be more difficult than finding yourself on the verge of a divorce case. All legal cases have the potential to be quite a challenge, of course, and yet there is no denying that there is a special degree of intensity and personal baggage which can come from battling someone with whom you once broke bread, shared a home, and said your I do’s.

Custody battles, child support, property disputes, they can all come up in the course of a divorce case, and all have the potential to have a massive impact on your life. When faced with such high stakes, you are going to want to make sure that you have quality representation in the form of a first-rate divorce lawyer on your side. They can make the difference between being mired in the consequences of a nasty divorce and being able to take advantage of a fresh start.

Before we talk about that, however, we should take a step back and review some of the most frequently asked questions put to divorce attorneys in the state of North Carolina.

Here’s a quick rundown of what you can expect when contacting a qualified divorce attorney in Wilmington, NC about securing your separation and divorce.

To begin with, the first thing you’ll typically want to do is schedule an appointment to discuss the nature of your relationship and potential divorce case.

For one thing, that word “separation” is key. In the state of North Carolina, you can’t just jump into a divorce. Rather, you have to be separated for at least a year first. On the one hand, this gives you and your partner time to cool off and work things out, potentially saving you the trouble of having to go through with a divorce in the first place. On the other hand, however, if you are really adamant about getting a divorce, this can prove to be an unwanted delay.

However, it is one which you are going to have to deal with due to North Carolina laws. That being said, at the very least a divorce lawyer can help you make use of that year to get your affairs in order so you are as well prepared for your divorce case and post-divorce life as possible.

It is for that reason that you’ll want to schedule your appointment at the outset of the case, enabling you to plan ahead for the next year and beyond. 

One of the most difficult things to work out during that year-long separation can be your finances, both for that coming year as well as the future. If your finances were heavily intertwined with your partner’s, separating them can be an arduous and potentially costly task. Moreover, if you were dependent upon your partner in terms of paying bills and making ends meet, your ability to do so may vary.

For example, you can ask your attorney if you qualify for post-separation support, which can be of immense help if you are indeed financially dependent upon the partner from whom you are now seeking a separation and eventual divorce.

However, securing this type of post-separation support is often difficult, and will depend greatly on the nature of your finances and the contours of the case overall. Few things happen quickly in the court system, let alone in divorce court. That said, some matters are seen as more pressing and can, thus, get attention quicker than others. For example, child support in particular is typically seen as vitally important and can be a factor which may command swifter attention than your personal finances.

Either way, your best bet of getting your pre and post-separation needs attended to is by hiring a top divorce lawyer and letting them have at it on your behalf.

From a personal standpoint, one of the most difficult questions to tackle when approaching first a separation and then a divorce is that of dating. On the one hand, the heart wants what the heart wants, and true love doesn’t stop for legal subpoenas or divorce cases. On the other hand, dating while in the midst of a divorce case can make you vulnerable to being painted as a fickle or unfaithful partner by your ex’s divorce lawyers, however unfair that might be.

Balancing the practical and legal concerns of your case with romance is naturally difficult, and something everyone is going to have to handle in their own manner. You are the best judge of whether or not a relationship is “worth” the personal drama and legal hurdles which may arise as a result during a separation and divorce case. Dating now can have an impact on the way the court views matters such as the distribution of property and spousal support.

You cannot marry until your divorce is finalized, so even if you do choose to date in the meantime, marriage will have to wait until your case comes to an end one way or another.

As mentioned, one of the most contentious elements of a divorce case can be the division of property.

One point of confusion here is the fact that while you or your spouse may have your name on the deed to your home or other large assets, property which has been gained over the course of your marriage is typically seen as “marital” and, thus, open to joint ownership. The same is typically true of debt. That being said, as with so much of divorce law, a lot of this will be subject to the particulars of your case.

You will, thus, want to ask your divorce lawyer at the outset about the status of any property you obtained during the course of your marriage.

As mentioned at the outset, few elements of a divorce case can evoke rawer feelings or lead to more courtroom fireworks than a custody battle. Unlike a post-divorce marriage, in the state of North Carolina you do not have to wait until the end of your year-long separation to file for custody.

This is another area where having a top-notch divorce lawyer can prove essential. On the one hand, they know that divorces can be difficult on children, and since neither you nor your spouse want your children to suffer as a result of your divorce, these attorneys will work to shield and comfort them as much as possible. Their compassion can make a huge difference.

When it comes to managing things such as the cost of your divorce, custody battles, property disputes, and other elements of your divorce case, you can get that you are going to want the assistance of a legal team you can trust. That’s why you’ll want to find a divorce attorney in Wilmington, NC or elsewhere throughout the state who can boast decades of experience to their credit and a strong track record of success to match.

A divorce can be a difficult process for all involved. Get your questions answered and the representation you need with the help of the best law firms specializing in divorce in the state of North Carolina.