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Greenville Family Law Blog

Commonly asked questions about divorce

Divorces come with many questions. Who will get the home you live in? What happens to your children or pets? How can you move forward with your divorce as quickly as possible? Here are a few questions and answers that may help.

How long do you have to separate before a divorce?

Is a separation agreement a good idea?

When you are considering a divorce or plan to move out of your marital home, one thing you may want to do is to create a separation agreement. It's helpful to create this agreement ahead of your divorce if you and your spouse can get along and work together to do so, since it can save you time and energy later on. Your separation length may vary before your divorce, so this agreement may benefit you in the short term while you decide how to divide assets and take care of debts.

What is a separation agreement?

Enforcing child support and other orders in the military

If you're in the military, you may have a few questions about how to collect child support or to enforce other agreements with your child's other parent. Here are some commonly asked questions and answers.

How can you collect child support that was designated in a divorce decree?

What are some benefits of getting married?

There are a few things you already know about marriage. If you get married, you might be able to share the same last name, you'll avoid paying child support for a child you and your wife or husband had when you weren't married, and you gain some tax benefits, too. There are some other benefits to marriage you may not have considered, though, that your attorney can walk you through.

For instance, if you're married and a spouse passes away, then the spouse's IRA can be roll over to the other spouse's IRA, boosting that person's potential retirement income. If you aren't married, then you will have to start taking the distributions right away, which may not be to your benefit in the long term. On the topic of an IRA, you can also contribute to a spouse's IRA if you are married.

What a divorce can do for you in North Carolina

What can a divorce do for you? It can help you split up from a spouse who you no longer want to be in a relationship with and give you legal separation from that person.

A divorce can help you with property division, which must be determined before the divorce can be completed. If you and your spouse can't decide on how to split your property, then the court can do this for you. In some states, a division of property will be 50/50, but in North Carolina, your property will be divided equitably. That means that it is divided as fairly as possible. The division of your assets may not be predictable, which is why it's important to work with your attorney to negotiate a settlement before heading to court.

Gray divorces and your needs as an older woman

A gray divorce, which is the nickname for one that takes place over the age of 50, can be particularly traumatic for those involved. They also make a serious financial impact on the people in the relationship; generally, it's women who suffer to greater extents.

Why? Women who left the workforce or who were in the workforce but earned less than men are in a precarious position; they actually need more money, because women tend to live longer than men, but they have had fewer chances to earn it or may not be as financially stable as their husbands. That can lead to a number of problems when divorce arises; a woman may now need to focus on getting her fair share of compensation from the marriage when the man may not feel she contributed financially as much as he did. He may offer to settle quickly to dissuade this, but think carefully.

Separations and divorces: You can file a separation agreement

Separating from your spouse can be a serious moment in your life; you may not be sure about what you're doing or if you're taking the right legal steps to protect yourself. While divorce should be a last resort, a separation can give you time to consider if you want to get a divorce or work on your marriage.

When you separate, you don't have to sign any legal documents. You're separated the moment you begin living apart, However, you should consider getting a separation agreement. This agreement dictates many things, from finances during a separation through child support or other necessary duties in the case of a divorce.

Divorce vs. annulment: Which one to choose

Annulments are not the same as divorces. In some ways, they act as divorces do, but they are defined differently. An annulment makes it appear that two people were never married to begin with, while a divorce is simply dissolving the marriage. Why would you want to choose this method for ending your marriage, and is it something you are entitled to do? Your attorney can help you find out if your marriage can be annulled, but here are a few examples of when one may be.

Annulments can be approved in a few cases. For instance, if there was misrepresentation of fraud before the marriage, then that could be a reason to seek an annulment. Here's an example: The husband of the couple claimed he was fertile, knowing that his wife wanted to have children. Later, she finds out that he knew he could not have children. That would be fraud, and it could be a reason for an annulment.

Parental kidnapping case; mother found with children in Mexico

As a parent who has primary custody of your child, you want to know that when your child goes to the other parent's house for visitation, he or she is going to be safe. In most cases, parents work together and want what is best for their children. They stay in contact and make sure the child is cared for and returned to the other parent in accordance with court guidelines.

Sometimes, that doesn't happen, though, and that's when a parental kidnapping case can become a serious concern. Delaying the return of a child, lying about where the child is, or fleeing with a child is against the law in most circumstances, except for in very few exceptional situations.

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Hendrix Building
Greenville, NC 27858

Phone: 252-493-6114
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Fax: 252-757-3563

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