Both wives and husbands can get alimony or spousal support under the right circumstances. The primary factors to determine availability are who is the supporting spouse and who is the dependent spouse. The supporting spouse is the spouse who earns more money and would have excess income beyond his or her expenses. The dependent spouse…
A divorce resolved by a mediated or negotiated agreement can have these additional benefits: Recognizing Common Goals. Mediation and negotiation allow for brainstorming between the parties and lawyers. Looking at all possible solutions, even the impractical ones, invites creative solutions to common goals. For example, suppose you and your spouse both agree that you need…
Develop a plan with your safety and that of your children as your highest priority. In addition to meeting with an attorney at your first opportunity, develop a safety plan in the event you and your children need to escape your home. A great way to do this is to let in support from an…
Your attorney will play a critical role in helping you get your divorce. You will be actively involved in some of the work, while other actions will be taken behind the scenes at the law office, the law library, or the courthouse. Your attorney may perform any of the following tasks on your behalf: Assess…
Yes. While it may feel uncomfortable for a short moment, it is important that your attorney have complete information so that your interests can be fully protected. If speaking directly about these facts still seems too hard, consider putting them in a letter. Attorneys who practice divorce law are accustomed to hearing a lot of…
A deposition is an opportunity for your spouse’s attorney to gather information and to assess the type of witness you will be if the case proceeds to trial. Feeling anxious about your deposition is normal. However, regardless of the personality of the lawyers, most depositions in divorces are generally uneventful. Remember that your attorney will be…
It depends. If you are paying your attorney by the hour, expect to be charged for the time your attorney spends talking with you. If your attorney is being paid a flat (or possibly a contingent) rate for handling your divorce, the time spent talking with you may be included in the fee.
North Carolina law allows you to proceed with a divorce even if you do not know the current address of your spouse. This is a very difficult process and is full of procedural landmines. It is one in which a good attorney will be needed (and maybe a good private investigator). First, take action to…
Yes, it is possible to get a divorce in North Carolina if your spouse lives in another state. Provided you have met the residency requirements for living in North Carolina for six months, you can file for divorce in North Carolina even if your spouse lives in another state. Discuss with your attorney the facts…
In North Carolina, the length of time a divorce takes depends greatly from county to county. After the defendant (the spouse who did not start the proceedings) is “served” (determined to have been given legal notice of the divorce), the spouse has at least 30 days to respond. This date is either the day that the defendant,…