The decision to divorce typically leads to several complex legal issues. These include the division of property and alimony. Different states have varying laws and guidelines for these issues.

For example, in North Carolina, assets obtained during the marriage are marital property, but any inheritance or gifts that either spouse had before the marriage are separate property.

Marital Property

Any assets either spouse obtains during the marriage and gifts and inheritances are marital property. It includes income, savings, investments, real estate, vehicles, and furniture. Unless both parties agree otherwise, property held in tenancy by the entirety (property purchased with only one name on the title) is considered jointly owned.

Spouses can usually work out their arrangement on how to divide assets, though courts follow the principles of equitable distribution as outlined in state law. It doesn’t always mean a 50/50 split, and it may consider factors like each spouse’s contribution to the marriage, their current standard of living, and fault in causing the divorce.

It’s best not to remove or hide any assets before filing for divorce to avoid potential legal repercussions. It’s also a good idea to draft a temporary separation agreement to outline responsibilities and living arrangements during this challenging time.

Alimony

Alimony is a form of financial support one spouse pays the other during divorce proceedings. It allows a dependent spouse to become self-supporting after a divorce and gives the supporting spouse the time they need to find new employment. Based on many factors, the court decides how much alimony will be paid and for how long.

Rehabilitative alimony is designed to help the supported spouse acquire skills that will enable them to get a job and be financially independent after the divorce. The court may award this alimony to help a spouse complete a degree program leading to higher pay.

Reimbursement alimony reimburses the supported spouse for investments they made in the supporting spouse’s career or education. It can include the cost of continuing health insurance coverage. This type of alimony isn’t available in every state.

Child Support

The court may order child support paid by North Carolina’s CSS Guidelines based on the children’s needs and each parent’s ability to pay. It includes food, clothing, health care, reasonable education expenses, and travel costs. Parents may agree voluntarily on a child support amount, or the court will establish an obligation by determining both parties’ gross monthly income and identifying each spouse’s assets and debts.

Spouses who do not have any disputes over property, custody, or support can file for an uncontested divorce. It is the fastest and simplest way to get a divorce since litigation is unnecessary.

A full-scope divorce attorney Wayne County,NC, will assist clients with all aspects of their case, including completing the required paperwork, handling interactions with the other spouse, and advocating for their client’s interests before the judge. They can also help their clients with mediation and parenting classes if they have children.

Child Custody

Child custody is the legal arrangement determining where a couple’s children will live and who will decide on their behalf. Parents are permitted and encouraged to propose their custody arrangements, but courts may decide on a plan based on the child’s best interests.

The court will examine various factors in determining the best custody arrangement for a family. Generally, courts will not favor one parent over the other and do not express any bias for or against either mother or father. However, in many states, a primary caretaker presumption favors awarding custody to the parent who has been the primary caretaker for the child’s lifetime.

The court may also give one parent primary physical custody and the other parent the right to supervised visitation or grant both parents joint legal custody. Parents must be prepared to attend child custody hearings and engage in mediation or negotiation proceedings.