When people start thinking about getting a divorce in North Carolina, they often start their research by looking for information online. Once they started researching, they likely encounter some seemingly confusing terminology. One reason for the confusion is that each state has its own divorce laws. In some states, for example, you don’t have to live separate and apart from your spouse for any length of time before you can file for divorce. In other states, such as North Carolina, there is a required separation period. Similar to other states, North Carolina has its own terminology for a divorce, which is why it’s important to speak with an experienced North Carolina divorce attorney to walk you through the process. One of the terms you might have come across while researching is an “absolute divorce.” An absolute divorce simply means a divorce in the way most people think of one — ending a marriage — with the couple entering into a legal document to divide their assets and … [Read more...]
How Can I Keep My North Carolina Divorce Out of Court?
For many individuals, a divorce is the first time in their life they have met with a lawyer or visited a courthouse. Understandably, this can be an intimidating prospect. When you’re already going through the process of ending your marriage, the idea of a legal battle on top of it can make an already stressful situation seem worse. Although movies often portray divorces as expensive, messy, and time-consuming, the reality is that many couples are capable of divorcing without a great deal of stress and argument. If you and your spouse are willing to work together to end your marriage in a way that’s agreeable to both of you, a collaborative divorce might be a good option. A collaborative divorce is handled much in the same way as a typical divorce. The difference in a collaborative divorce is that you and your spouse work together, with the help of an experienced Raleigh divorce lawyer and sometimes other professionals, to reach an agreement without litigation. What Is … [Read more...]
5 Tips for Using Social Media During Your Divorce
These days, most people are active on at least one social media account. In 2018, for example, Facebook had 2.32 billion active users. Twitter had 321 million users, and Instagram boasted nearly 1 billion users. While social media can be a great tool for staying connected with friends, family, and colleagues, it can also cause problems when you’re involved in a legal dispute, including a divorce. This situation is especially true if your divorce in North Carolina involves complex finances or a child custody matter. Unfortunately, people looking at your social media posts may take things out of context, or they might rely on one post or photo to make assumptions about your parenting choices or lifestyle. The experienced divorce attorneys at the Raleigh law firm of Vitale Family Law suggest a few things to keep in mind when it comes to using social media during a divorce. Social Media Dos and Don’ts for Divorce Just because you’re going through a divorce doesn’t mean you … [Read more...]
Is a Nesting Child Custody Agreement Right for You?
Divorce can be difficult for everyone involved Mom, Dad and the children. Visitation schedules often mean packing up clothes and shuffling homework and responsibilities between two different households. It’s hard enough to stay on top of everything when the children and both parents are under one roof. When the family lives in two different places, keeping track of doctor appointments, sports practices, and everything else can get complicated very quickly. This is why some families have opted for a nesting child custody and visitation agreement. In a nesting agreement, the parents still have shared custody, but the children stay put at a central location, with the parents living elsewhere when they don’t have visitation. Each parent then “nests” with the children at the central residence when it’s their turn to spend time with the kids. What Is a Nesting Child Visitation Arrangement? There are many different variations possible with a nesting child visitation arrangement. … [Read more...]
FAQs About Legal Separation in North Carolina
When people first start thinking about divorce, they may gather information from friends, relatives, co-workers and the internet. In some cases, the information they receive is inaccurate, even if the person offering it has the best intentions. One area that can be a common source of confusion is a legal separation. People don’t always understand what a legal separation is, and sometimes they confuse it with the requirement for living separate and apart prior to filing for a divorce. Do you have questions about legal separation in North Carolina? Here are some of the most common questions about legal separation, along with answers from Raleigh Separation Agreement lawyers at Vitale Family Law. Do I Need a Legal Separation Before I Get Divorced? Some people believe that a legal separation is a prerequisite for getting a divorce. However, in North Carolina, there is no separate legal process for becoming separated. This is an option in some states, but it’s not available in … [Read more...]
North Carolina Divorce Attorney Explains Prenuptial Agreements
For some people, a prenuptial agreement might seem unromantic or even insulting. However, a well-crafted prenuptial agreement can provide a number of benefits, including peace of mind for both parties. Just because a couple enters into a prenuptial agreement doesn’t mean they plan to eventually divorce. Entering into a prenuptial agreement is similar to purchasing car insurance or a homeowner’s insurance policy. You don’t buy insurance because you plan on getting into a car accident or experiencing a flood in your home. However, if something like a flood does happen, you can rest easy knowing that you have insurance to cover any damage. A prenuptial agreement offers similar reassurance. You may never end up using it, but it’s reassuring to know the agreement is in place just in case the unexpected happens. If you are considering a prenuptial agreement to protect you or your future spouse, you should take the time to discuss your options with an experienced prenuptial agreement … [Read more...]
Handling Vacations After a Divorce with Children
When you’ve gone through a divorce with children, one of the most common questions you’re likely to have is how you handle vacations and periods when your children are out of school. Most kids look forward to vacations and extended holiday breaks, such as winter break; However, after a divorce, vacations — especially long stretches — can be a challenge for the parents. Whether your relationship with your ex is amicable or relatively unfriendly, the good news is that there are things you can do to make sure vacations go smoothly. If you have questions about your holiday schedule and how it affects your case, it’s important to speak to an experienced North Carolina divorce and family law lawyer. How Do Courts Determine Custody? Under North Carolina law, the court has the final say in a custody agreement. Practically speaking, however, the majority of divorcing couples with children work out a custody arrangement that suits both parties and is acceptable to the court. While both … [Read more...]
How Do I Prove I’m Separated for a North Carolina Divorce?
If you are seeking a divorce in North Carolina, the law requires you to show that you have “lived separate and apart for one year” from your spouse. In other states, the law doesn’t require spouses to physically move into separate residences and live completely apart. In North Carolina, however, living separate and apart for a one-year period is one of the conditions you must meet to qualify for an absolute divorce. While it may seem like an easy thing to prove, courts take the separation requirement quite seriously. If you have questions about this requirement, it’s very important to speak to an experienced North Carolina divorce lawyer. Your lawyer can explain your options and help you take steps to ensure your divorce unfolds smoothly. What If We Move Back in Together and Then Separate Again? Divorce can be a challenging time for a couple. It’s quite normal for couples to argue and then temporarily reconcile. You have dedicated your life to the other person, and you want to be … [Read more...]
Selling the Marital Home in a Divorce
By clearly defining the roles and expectations for each party, disputes can be avoided as the sale process unfolds. For many married couples, the family home is their biggest asset—or at least one of the most significant assets they own. In a divorce, they may decide to sell it and split the proceeds of the sale. Sounds easy, right? It can be, but there are many factors to consider when putting your home on the market in a divorce. If you don’t think about the what-ifs now, you and your spouse may encounter a lot of disagreements down the road. If you are thinking about ending your marriage, contact a North Carolina divorce lawyer to discuss your case and get your property division questions answered. Putting Your House on the Market When you sell your home during the divorce process, there are several important contingencies you and your spouse need to discuss before you stick the for-sale sign in the yard. Who chooses the real estate agent? What is the asking … [Read more...]
North Carolina Child Custody Lawyer – Making Divorce Easier on the Kids
Witnessing verbal sparring and heated arguments can be stressful for children, especially in a divorce situation. When parents decide to end their marriage, they naturally worry how their divorce will affect their children. They might even have bad memories of their own parents’ divorce, which can make them reluctant to move forward with the divorce process. However, research shows that children thrive more in a divorce situation than they do in unhappy households filled with bickering parents and high levels of conflict. If you and your spouse are unable to work it out, it may be better for your children if you and your spouse go your separate ways rather than try to stay aboard a sinking ship. If you have questions about child custody or how divorce in North Carolina affects minor children, get in touch with a North Carolina child custody lawyer today. Three Things You Can Do to Help Your Kids Cope with Divorce You don’t stop being your child’s parent just because you … [Read more...]
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