Divorce is difficult. Trying to prepare for divorce is difficult. Living with the divorce at the beginning can also be difficult and at first glance, all of the above, can seem confusing. However, the confusion can be lessened by understanding what divorce is as well as the different ways you can prepare before you decide to divorce. In North Carolina, an absolute divorce is considered to be a divorce that dissolves the marriage completely. In order for an absolute divorce to be granted, you must live in the state of North Carolina for six (6) months prior to the divorce. Additionally, you and your spouse must be separated and not residing in the same house for a year before the divorce can be finalized. This time is given to ensure that you are making the best decision for you and your family. In addition to making the right decisions, it is important to follow five (5) steps before you divorce. If you or a loved one is considering a divorce, contact an experienced North Carolina divorce attorney to help you with your case.
5 Things to Do Before Divorcing
Before divorcing, there are five (5) steps you should take:
- You should talk to a marriage counselor or any other professional individual who can help save your marriage. Even if you do not think your marriage is worth saving or that marriage counseling will not work at all, a marriage counselor can help you cope with preparing for the divorce and even afterwards. In the event your spouse does not participate, this does not stop you from participating.
- You should speak with an attorney. Regardless of whether you and your spouse decide not to divorce, or even if you decide to go with another attorney, speaking with a divorce attorney can help you gain a plethora of information regarding divorce and help you understand all of your options before actually divorcing.
- Speak with an attorney before moving out of your marital home. Moving out of your home before actually divorcing AND without good cause can cause you to pay alimony or may keep you from collecting alimony once you are completely divorced. Also, if you leave the house before the finalization of divorce, can keep you from returning to the house after a divorce and could possibly hurt your case in keeping the house.
- If you have committed adultery, it is best to speak with an attorney before speaking with anyone else including your spouse. In this case, honesty is not always the best policy. Having an affair while married is not only illegal, but can also cause you to have to pay alimony or can keep you from receiving alimony upon the finalization of divorce.
- Take necessary steps to safeguard your assets before discussing divorce with your spouse. Taking the necessary steps can come in the form of taking possession of certain assets, changing beneficiaries on insurance policies, as well as a possible restraining order to keep your spouse from transferring or disposing of certain separate property.
Need Legal Advice?
Divorce is never easy. However, going through a divorce can be less frustrating when you have a plan in place and you have ensured that everything you care about, including yourself, is protected. The process can also be made easier when you have an experienced attorney on your team. If you or a love one is considering a divorce contact an experienced North Carolina divorce attorney to help you with your case. Here, at The Law Office of Dustin S. McCrary, we are experienced in handling divorce actions and we are here to fight for you! Let us help you by contacting our office today!