The majority of the people entering into marriage aren’t thinking about divorce when they say their “I do’s”. No one wants to think about their marriage failing and most do all they can to rebuild the relationship with their spouse when they experience hardships.
At times, though, even the best efforts don’t create the desired results. How do you know if it’s time for a divorce? What are some things to consider about divorce? And, what will happen if I decide to file for a divorce?
Common Reasons Why People Get Divorced
North Carolina is a no fault divorce state. This means if the couple has decided they are no longer compatible, they can get a divorce. The only requirement is that the couple has lived apart for at least one year. After that, either spouse can file for divorce.
When filing for divorce, a spouse may document a fault of the spouse that has resulted in the request for the divorce, regardless of whether or not the couple has lived apart. Fault means a spouse has committed one of the following:
- Abandonment of the spouse or family
- Throwing the spouse out of the house for malicious reasons
- Cruel treatment that endangers the life of the spouse or children
- Emotional or verbal abuse that makes life unbearable for the innocent spouse
- Inappropriate use of drugs or alcohol
What Decisions Will the Court Make?
At times, a couple seeking divorce can end their marriage with the aid of their attorneys, and if necessary a mediator. If this is possible, that is wonderful because it saves each person time, money, frustration, and heartache. However, there are many instances when no one can agree during mediation. IN those cases, the divorce case goes to court and a judge will make the final decisions. The court will decide upon:
- Child custody and visitation
- Child support
- Spousal support, or alimony payments
- Division of property and assets
Hiring a Divorce Attorney
When contemplating divorce, the first step you should take is to hire a divorce attorney, or at least consult with one. If you are going to proceed with a divorce, more often than not you will need an attorney, especially if you want spousal support or have decisions to make regarding any children.
Talk with friends and family to see if they can recommend an attorney. You can also check online reviews to see if an attorney not only has a good reputation, but has the same goals as you do. It’s imperative to find an attorney who is willing to work with you, listen to you, and help make the divorce proceedings run as smoothly as possible.
If you’re considering divorce and need some legal advice, contact us today. Our attorney’s will give you the support and direction you need to get through this process. Divorce isn’t easy and it isn’t always fair, but the right attorney will help you get what you deserve.