Are you contemplating a divorce? Perhaps you have had discussions with friends or family members who have horror stories, but please remember that each case is different and that your divorce is unique.
In North Carolina, you and your spouse must live separately and apart for one year before a final divorce will be granted. You do not have to file paperwork with the court before you are deemed to be legally separated. If you live separate and apart, and one party intends to remain separate and apart, your separation period has begun. Before your final divorce decree is entered, however, you need to speak with one of our attorneys at Robison Smith Law to discuss your options for post-separation support, alimony, and equitable distribution; otherwise, you will lose out on these claims forever.
Do not move out of the house without consulting a lawyer. Moving out could jeopardize your future interests regarding child custody and alimony, especially if your spouse makes the allegation that you abandoned the marriage. Even if your spouse does not allege that you abandoned the marriage, he or she could be in a position to withhold the children and or financial resources from you if you choose to leave your house without consulting with an attorney.
Alimony (Spousal Support) Attorneys in Union County, North Carolina
Are You Eligible for Alimony?
If you are dependent on your spouse’s income to meet your needs and expenses, there’s a good chance you are eligible for post-separation support and alimony.
This is based on several factors: whether you are a dependent spouse, your needs and expenses, the other spouse’s ability to pay, and whether there was any marital misconduct. Our lawyers can explain whether spousal support is likely in your divorce.
How Long Does Alimony Last?
Post-separation support is a temporary form of alimony provided by the court. This form of spousal support usually lasts for 12 to 18 months.
Spousal Support or Alimony may be ordered for a limited time or indefinitely. In a long-term marriage when one spouse has a limited ability to earn an adequate living, spousal support may be indefinite. In most other cases, however, spousal support may be awarded for a limited period.
We Can Help
If you hire one of the family law attorneys at Robison Smith Law, we will assist you through this process. Call Robison Smith Law today at (704) 741-0220 or set up your consultation online.
Separation Agreements Can Help You Avoid Stress and Financial Expense
In North Carolina, a married couple must live separate and apart for one year before a divorce can be granted. A separation agreement can resolve issues such as child custody, child support, living arrangements, spousal support, property division and other issues. Your lawyer can help you negotiate an agreement that meets the unique needs of you and your family.
A separation agreement can resolve all issues outside of a courtroom. By hiring an attorney to negotiate, draft, and sign a separation agreement, you and your spouse can retain control and avoid having a judge make all of your decisions for you.
We strongly advise against finding a separation agreement on the internet and filling in the blanks. We do occasionally have consultations where potential clients have already given up many of their legal rights by signing a separation agreement he or she found online. Making the decision to draft your own separation agreement could cost you a lot more money than hiring an experienced attorney.
In fact, the more you and your spouse can resolve issues through negotiation and agreement, the less you will pay in terms of stress and financial expense. You can trust the attorneys at Robison Smith Law to provide you with sound legal advice prior to signing a separation agreement. Call Robison Smith Law today at (704) 741-0220 or set up your consultation online.
Any assets acquired during a marriage may be considered marital property, and thus subject to equitable distribution. To understand what that means in your particular divorce, talk to a lawyer at Robison Smith Law, in Union County, North Carolina today. Our experienced family law attorneys will help you understand the property division process.
A Complicated Issue
Property division can be the most complicated issue in a divorce. In North Carolina courts, an equal division of marital property is presumed to be an equitable distribution. However, a court may determine that an unequal division is appropriate under certain circumstances.
What happens to pension benefits, 401(k) accounts, stock options, real estate holdings? These assets may be split between the parties, real estate can be deeded to the other party, or there may be another option that works best for your case. Let the attorneys at our firm help you decide what the best economical decision is for your case before making decisions on your own.
What if a business has to be divided? Your attorney at Robison Smith Law can provide you with options to obtain a fair business evaluation and determine ways to divide the business value without destroying the business.
We Can Help
Contact Robison Smith Law today and our experienced family law attorneys will work to ensure a fair property division process for you.
Has your spouse been having an affair? Prior to this affair, did you have a happy marriage? If this sounds like your situation, then you may have a claim for Alienation of Affection against the third party with whom your spouse was having a romantic relationship. North Carolina is one of only a few states in the country that recognize this heartbalm claim. If you have a strong case, then you could be entitled to financial compensation from the third party who lured your spouse away. This type of financial compensation can help you move on from your divorce.
A similar claim, called criminal conversation, can be filed against your spouse regarding the affair. Talk with one of our attorneys at Robison Smith Law regarding your alienation of affection or criminal conversation claim today.
The attorneys at Robison Smith Law have helped many clients with their desire to change their name. If you are getting a divorce, then it is easy for you to resume using your maiden name after filing the proper paperwork in your divorce case.
Some of our clients have had differences in their birth certificates and social security card. This can be confusing and create a lot of issues during your life. Rest assured, there is a fix! Contact our office today for assistance with your name change.
If there is another reason that you want to change your name, please give us a call and we can discuss your options. Call Robison Smith Law today at (704) 741-0220 or set up your consultation online.
If you are ready to move forward, please contact us now.
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