There are few experiences that can make someone feel more helpless than the breakdown of their family. Be it a divorce, custody battle, or support issues, your head is likely filled with questions regarding your kids, your property, and your financial situation. Everything seems like it has long-term consequences, and it takes an immense effort just to make the right decisions. Working with knowledgeable Raleigh family lawyers and learning about the process in North Carolina will give you an edge on your first day out of the gate.
Why Calm Decisions Are Important in the Beginning
During the first days of a breakup, people become angry, guilty and scared and often make decisions that may harm them later. Leaving the house on a whim, criticizing your husband or wife on the Internet or making an agreement under pressure will damage your position before the process even started because courts deal only with facts, documents and behaviors, not emotions. In this case, the wise thing to do is to step back, collect data and consult a lawyer before making a decision.
Why It Is Essential to Have Calm Decisions at the Start of the Procedure
In the first few days after separation, one gets very emotional due to the feeling of anger, guilt and fear, and makes decisions which can negatively affect him or her later. Running away from home on a sudden impulse, posting negative comments about your husband/wife on the Internet and entering into an agreement under duress will worsen your chances for the procedure as courts work with facts, documents and actions rather than emotions. In this situation, the right approach would be to distance yourself and gather data.
Equitable Distribution of Property and Debts
The State of North Carolina adheres to equitable distribution rules, which assume that a 50/50 division of the marital property is justifiable; however, the court may make adjustments depending on the earning power, contributions, and future needs of both parties. Marital property usually consists of those possessions and debts accumulated during the course of marriage, for example, real estate, cars, retirement plans, and other business ventures. Valuation is very important because of potentially hidden assets and close-held corporations, and neglecting any of these may end up costing you dearly.
Custody, Parenting Time and Child Support
If parents cannot reach an agreement, North Carolina courts determine custody based on the best interest of the child, taking into account their ability to provide stability to the child as well as relationships and safety issues. Most counties require mediation prior to determining custody and child support according to the state’s guidelines which take into account income of both parents, health insurance and child care expenses. Changes in circumstances may cause changes to orders, like a job loss. The figures are quite specific, that is why many parents prefer asking Raleigh family law lawyers to look through them before signing a parenting time order or agreeing to pay support.
Alimony and Financial Stability
Financial stability is one of the major concerns for a spouse who earned less and/or stayed at home in order to raise children. Post-separation support is allowed by North Carolina during the separation period, whereas alimony depends on particular circumstances. In determining alimony, the following issues are considered: the duration of the marriage, earning capacity of each spouse, standard of living during the marriage and types of marital misconduct.
What to Do When Safety is the First Concern
In some cases, the conflict can take on a dangerous dimension that calls for calling the police first, before taking other actions. If you or your children are at risk, dial 911 to get yourself out of harm’s way. In North Carolina, the courts may issue a domestic violence protective order that can provide temporary custody and restrictions of the right of your spouse to enter the property or communicate with you. These orders can be issued immediately and will give you an opportunity to consider how you will manage your future custody arrangement and finances.
Common Mistakes that You Want to Avoid
There are several mistakes that may seem small but will cost you dearly in the long run. They include failing to disclose your assets or hiding your income, disobeying a court order, even one that you strongly disagree with. What you say in social media and what you write in emails and messages will be used against you as evidence in court, so think twice before saying something. Not seeking legal advice right away will cost you opportunities.
Preparing for Your First Consultation
Even a bit of preparation can make your initial consultation with an attorney much more beneficial. Collect recent tax returns, pay slips, financial statements, mortgage or lease contracts and records of liabilities, any existing court orders. Note a brief chronology of the events, your goals concerning custody and finances and the main questions that you would like to have answered. Being prepared will enable your attorney to evaluate your case promptly and warn you about possible risks and set realistic expectations regarding the costs and duration of the process.
Selecting Your Legal Advocate
Divorce is an intensely personal matter, which means that your choice of legal representation should be based on your trust to the lawyer that you are considering hiring. Comparing Raleigh family law attorneys, make sure that he or she possesses substantial experience in working in court, knowledge of local courts and communication skills. You should feel comfortable speaking about your problems and get truthful information regarding whether the settlement is a better option for you than the court decision. Inquire about the fee arrangements and ask for the contract in writing.
Getting a New Start with the Right Help
The process of divorce and custody issues can make you feel as if everything that you once had has come to an end. However, you may find yourself entering into a new phase of your life where there will be a lot more stability and peace. By learning about your rights and making sure that you do everything necessary to safeguard yourself and your children from any mistakes, you can get on track towards what you want. Don’t miss out. Contact experienced family lawyers in Raleigh when you’re ready.
