When you’re faced with divorce, you are likely feeling overwhelmed about your divorce as well as worried about your future. There is so much misinformation related to spousal support, property division, and other factors, that it’s difficult to know exactly what the future holds.
This is why it’s so important to work with a qualified, experienced attorney who can represent you aggressively in court if necessary, but who will offer you clear communication, honest, experienced advice, and a variety of services to help you move forward. Our divorce attorney in Greenville, NC is sharing the issues related to divorce that may be the most beneficial that many people don’t know about.
An absolute divorce is simply the absolute legal end of a marriage, the two parties are free to remarry. This is an uncontested divorce that means both parties agree to getting divorced, and there are generally no complicated matters such as child custody or complex property division.
While this divorce is uncomplicated, it’s still important to have legal representation when choosing this option. This helps avoid filing and documentation errors as well as protects you if the other party decides to contest or want more from the settlement.
While 34 states allow their residents to file for divorce without a waiting period, 16 states and the District of Columbia require a separation of a set period before filing for divorce. For example, Kentucky requires residents to wait 60 days between filing and receiving their decree, North Carolina requires a one-year separation, and Arkansas requires 18 months between filing and receiving their divorce decree.
During this time, there should be a separation agreement in place. This can outline things like child custody and support, freeze joint accounts to prevent one party from emptying it, or determining who will pay for and maintain joint property.
Almost all marriages have marital property, which is any type of property or asset, such as a house, car, checking account, or stock portfolio, which was received or purchased between the date of marriage and the date of separation.
Depending on the law of your state, you are entitled to a portion of that marital property, even if you weren’t the one to purchase it or you didn’t contribute financial income in the marriage. For example, North Carolina and several other states have laws outlining that property should be divided equitably, meaning fairly, not necessarily equally. For example, if a spouse didn’t work outside the home in order to raise their children, they can receive a settlement that factors in their contribution to the household, even if it wasn’t financial.
Your divorce attorney will be able to explain what you’re entitled to under your state’s property division laws and will work to ensure you receive what is rightfully yours.
It’s a common misconception that money earned for a retirement account belongs only to the individual who earned it. However, just like money in a checking or savings account, money in a pension, 401K, or other type of retirement account is considered marital property. A divorce lawyer will take a close look at any retirement portfolios and create a strategy that will protect your retirement, whether the money is in your accounts or your spouse’s.
Divorce is a confusing, overwhelming time and there are a multitude of common misconceptions related to what a person may be entitled to or what their options are. That’s why we share as much information as we can on our website, so you can get a better understanding of the process. To help you get the information you need, we invite you to check it out: https://theironslawfirm.com/
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