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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.

The solution is found in seeking accurate information upfront. A number of myths and poorly thought-out advice can sabotage a divorce case before it begins. One of these myths regards no-fault divorce. The myth is that since both parties have agreed to split without a finding of fault, then misconduct cannot be used in property division decisions. The reality is that misconduct can be brought up in a no-fault case, and judges can use it to make decisions.

Some people who are going through an uncontested divorce might believe that they only need one attorney for both of them. However, an attorney can only provide legal representation to one party. This could easily mean bad news for the unrepresented spouse.

Other missteps can cause problems later on, such as damaged credit, increased tax burdens and the need for further litigation. If each party has an attorney reviewing outcomes of proposals and overseeing negotiations, there is a better chance that both former spouses will fare better financially. With such critical matters as child custody, alimony and property division involving real estate and retirement accounts, an attorney can focus on seeking the best deal that harmonizes with the client's wishes.

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