If you're currently going through a bitter divorce, chances are good that you want to make things difficult on your soon-to-be ex-spouse. For you, the opportunity to resolve your disputes amicably has passed. And if things have broken down to a state of complete disrepair, you might even push to get as much as possible during property division, leaving your ex with little to nothing if you can help it. Feeling this way is a common reaction, particularly when divorce negotiations go sour or in bitter divorces in general. But while you might feel the urge to "stick it" to your ex-spouse, you might want to reconsider doing anything too drastic. That's because doing so in North Carolina could have serious consequences for the malicious spouse. We've all heard a story about a person taking the 50/50 rule too far, such as actually cutting a piece of marital property is half to signify the equal split of assets. But while some may find this display of irony humorous, the same reaction may … [Read more...]
Headed for divorce? Don’t start dating too soon in North Carolina
If you're experiencing marital problems and think your marriage could end in divorce, you're not alone. Many couples have been where you are right now and may have even asked the same questions you are considering at this very moment.Like other couples in North Carolina, you have questions about how to start the dissolution of your marriage and what the law will require you and your spouse to do when the time comes. But like so many before you, you probably don't have the legal background necessary to answer these questions on your own, forcing you instead to turn to a skilled family law attorney who likely has your answers. One question that might be on your mind concerns the prospect of dating, particularly in situations where couples know their marriage is ending. In today's post, we'd like to take a look at North Carolina law, which may provide you with some answers.As so many of our frequent readers here in Raleigh know, North Carolina is a no-fault state. This means couples do … [Read more...]
Divorcing high asset couples may face bigger challenges
Nearly all couples in North Carolina encounter one challenge or another when divorcing. From failing to establish grounds for divorce and needing to remain separated for at least 12 months to property division disputes, finding resolutions to these challenges can be difficult, especially because of heightened emotions or if spouses do not seek legal help from an attorney.But for high asset individuals, such as some of our Raleigh readers, the challenges normally associated with divorce can be even more problematic. That's because high asset couples oftentimes have complex financial situations that typically are difficult to separate, making the divorce process even more emotionally charged and stressful. One thing high asset couples in Raleigh and across North Carolina can do to help make the divorce process a little less stressful is to obtain the services of a skilled family law attorney who has experience handling high net worth cases. Many times, a lawyer can point out potential … [Read more...]
Can men ask for alimony in North Carolina?
Even in today's society, there are still certain assumptions people have regarding gender roles. When it comes to family law issues, there are many including assumptions about who is more likely to file for divorce and who the judge is more likely to pick as the custodial parent.But even though most gender role stereotypes have changed over time, there are still some that persist to this day. Take for example requests for alimony. Some people still believe that only women can request alimony payments after a divorce, which is why the title of this post contains this question: can men ask for alimony in North Carolina? The answer to the question is absolutely yes. That's because family law judges in North Carolina don't care about a spouse's gender when determining an order for alimony payments. He or she cares about factors such as:The length of the marriageEach spouse's incomeWhether one spouse is supporting the otherHow long one spouse has been dependent upon the otherBecause gender … [Read more...]
When to consider drafting a prenup in North Carolina
Unlike other states in our nation, North Carolina uses equitable distribution to divide property during divorce proceedings. Despite its title though, equitable distribution does not necessarily mean a 50/50 split of property. The "equal" division of a couple's marital and divisible property is determined by the court after looking at the net value of these assets. Suffice it to say, this can sometimes create more contentions because one spouse may feel that the other is getting more than they are.One thing that can help alleviate contentions before they even present themselves is by drafting a prenuptial agreement. As we explained in a previous post, prenups aren't just for celebrities but rather a great legal tool for couples with varying levels of assets. That's because these documents can effectively handle the property division step of a divorce if done properly. Here are a few things you will need to consider though before drafting a prenup:Your personal assets. One of the most … [Read more...]
What celebrity divorces teach us about prenups and high assets
Many people across the nation, including some here in North Carolina, try to avoid reading tabloid stories about celebrity divorces. For some people, the reason is that they prefer not to gossip about other people's lives, oftentimes noting that getting a divorce is a very private thing and not something everyone should know about.Others though avoid reading stories about celebrity divorce because they doubt the particular elements of a celebrity divorce will apply to other situations such as their own. As you can imagine, this is a commonly held belief. But oftentimes, if you break down a celebrity divorce, you can see that they are no different than most high-asset divorces. To illustrate this point, we can look to Ben Affleck and Jennifer Garner who recently filed for divorce after 10 years of marriage. Not unlike other couples in Hollywood, Affleck and Garner signed a premarital agreement that will determine how much either partner will get based on the number of years they have … [Read more...]
Special considerations for divorcing over the age of 55
Are you over the age of 55 and thinking about ending your marriage? If so, you are not alone. For a few years now, it has been reported that divorce among couples ages 55 and older has been on the rise in recent decades.Sociologists have attributed the shift to many things, including the fact that people are now living longer, healthier lives and are less likely to stay in an unhappy marriage as they enter their golden years. Additionally, women, on average, are now more financially independent than ever before, and less likely to stay married out of necessity. Whatever the reason may be, people over the age of 55 should know that their divorce will come with unique issues and factors that need to be addressed with the help of an experienced divorce lawyer.While child custody and support are central to many divorce cases involving younger demographics, alimony, health insurance, retirement savings and Social Security are key issues in divorces involving those who are 55 and older.For … [Read more...]
Am I entitled to alimony?
If a divorce is in your future, you may be concerned about how your finances will be affected, especially if you make less than your spouse or you don't work outside of the home.As you may already know, alimony can be awarded during and after a divorce when one spouse was financially dependent on the other spouse during the marriage. Alimony is support payments that are made from a higher-earning spouse to a lesser-earning spouse after the couple has split. While you and your spouse are separated, you may be entitled to post-separation support for the time being until an agreement or order can be made for post-divorce alimony payments. Typically, post-separation support ends when the divorce judgment is entered.It is possible for you and your spouse to agree on post-separation support and/or alimony amount on your own, or you may need the court to settle these issues for you.When the court is needed to determine whether post-separation support or alimony is necessary, you must be … [Read more...]
What to expect during the beginning stages of a divorce
One of the most difficult aspects of divorce for many people is not knowing what to expect throughout the process. We'd like to take out some of the guesswork by giving you a step-by-step guide from when you first pick up the phone to call us to when your divorce is finalized and you are ready to move forward with your life.We are going to discuss the first part of the divorce process in this post, and we will discuss the subsequent parts in later posts. The initial call:The first step of the process is calling our firm, Vitale Family Law. You will likely speak to our paralegal, who will ask you questions about your legal issue and check our conflict list to make sure that we can take you on as a client. Our paralegal will also provide you with some information about the divorce process and our fees. Finally, she will make an appointment for you to meet with one of our lawyers.The initial consultation:The first meeting you have with your lawyer will usually take an hour or two. … [Read more...]
How your career can flourish after a divorce
If you are currently going through a divorce or have recently gone through one, you probably won't be surprised to hear that the Holmes-Rahe Stress Inventory calls divorce the second biggest stress a person can go through in life, right after the death of a spouse.Because of all the stress and changes, a divorce can, unfortunately, derail certain aspects of your life, but as an informative recent article from the Harvard Business Review reports, your career doesn't have to be one of those. The article pointed out that it is actually possible to make great strides in your career after a divorce by taking three steps:Giving yourself time and space. Taking a step back to look at your life from a bird's eye view may help you get the clarity you need to plan a new course for your career. Perhaps it will mean asking for a raise, changing careers, or even spending more time with your children, the article suggested.Being willing to take a risk. A divorce tends to put things into perspective … [Read more...]
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