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Divorce Archives

How a legal separation differs from divorce

Some North Carolina couples who are splitting up might decide they want a legal separation instead of a divorce. A couple might also want a legal separation while they decide whether or not they want to go through with a divorce. A legal separation has many of the same elements as a divorce including child custody and visitation. Child and spousal support may also be involved, but when there is a legal separation instead of a divorce, they are sometimes referred to as separation maintenance.

Amicable divorce myths, pitfalls for the unwary

While an attractive proposition for a divorcing couple in Charlotte, an amicable end of a marriage is not always to the benefit of both parties. Whether through a no-fault divorce or an uncontested finding of fault, one or both spouses could end up with a lopsided property division. The couple may end up returning to court as well to revisit orders.

How parents can prepare children for divorce

North Carolina parents who are ending their marriage should communicate with their children about an impending divorce. Children will know that something is wrong, and talking to them about it gives them the opportunity to ask questions and express their fears. This is also a good time for parents to reassure their children that they are not responsible for the situation and that their parents will still be there for them. Parents should try to present a unified front for their children, and if children do not talk about the divorce, parents should ask them how they are feeling about it.

Unemployment increases risk of being divorced

Many factors cause couples in North Carolina to split, and financial problems contribute to marital strain. A study conducted by a Harvard University sociology professor and published in 2016 identified the unemployment of a husband as an issue that could cause the wife to file for divorce. Statistically, over the course of any year, a man without a full-time job has a 3.3 percent chance of getting divorced. Men with full-time work get divorced at a rate of 2.5 percent.

Divorcing over politics

While many North Carolina couples decide to get a divorce due to incompatibility or finances, data shows that some are doing so over disagreements regarding politics. According to the study, approximately 10 percent of divorcing couples listed their reason for divorce as political disagreements.

Pre- and postnuptial agreements as protection from debt

North Carolina residents who are concerned about their current or future spouse's debt might want to consider creating a pre- or postnuptial agreement to protect them from those obligation. A pre- or postnup can specify that the debt a spouse incurs after the marriage belongs solely to that spouse. It can even include provisions that allow the other spouse to periodically takes steps such as examining the debtor spouse's credit report. This may be helpful if one spouse has an issue such as a gambling addiction.

How QDROs work in North Carolina

When a couple divorces, any assets that are considered to be marital assets are divided. This means that even items that are in one person's name, such as a retirement account, may be split up when a marriage ends. If assets from a retirement account are to be doled out during a divorce, a Qualified Domestic Relations Order will be created.

About prenuptial agreements

North Carolina couples who plan to get married may want to consider signing a prenuptial agreement. This is a contract that covers certain financial aspects should the marriage come to an end. Prenups are not solely for couples who have unequal financial standings or for those who have substantial wealth. They are also for couples who want to be open with one another about their finances before they get married.

What a prenuptial agreement can do for a couple

When a North Carolina couple is planning to get married, it is generally recommended that they get a prenuptial agreement, especially if they are bringing substantial assets into the union. Not only will the prenuptial agreement allow the couple to have control over their finances in the event of a divorce, but it cam also protect them should one spouse pass away or become involved in a serious accident.

The benefits of divorce mediation

If you are preparing to go through a divorce, you may have visions of a long, drawn-out court battle wrought with emotion, conflict and considerable expense. Divorcing couples who do not have particularly acrimonious relationships with one another may have an alternative solution at their fingertips in the form of mediation.