Even though the divorce rate has dipped recently, divorce’s moral acceptability has never been higher. So, more people in North Carolina view marriage dissolution as a legitimate way to end an unsatisfactory marriage.
Emotionally, the process is usually quite slow, especially in the Tarheel State. North Carolina law mandates a one-year separation period in most divorce cases. That’s a long time to live in an interim state of affairs. By the time the year ends, many people are desperate to move on, and that’s where a formal divorce proceeding comes into play.
When this point comes around, it’s time to reach out to an experienced Greenville, NC divorce lawyer. An attorney helps both spouses enjoy all the benefits of divorce. And, believe it or not, there are substantial benefits.
Despite the high moral acceptability rate, a significant number of people still view divorce unfavorably. Indeed, the adversarial litigation process may not be the best forum for family law disputes, especially marriage dissolution proceedings.
So, in many cases, a collaborative divorce may be a better option. This divorce litigation alternative is completely different from the traditional process.
Instead of a petition for divorce, a spouse files an agreed notice of collaborative law. Divorce petitions trigger a flurry of legal activity which often bruises both sides rather badly. Collaborative law notices, on the other hand, trigger a process that could be described as ongoing mediation. Greenville, NC divorce lawyers never make legal arguments or introduce evidence.
Instead, the two spouses and their representatives periodically meet and discuss issues in the case, such as parenting time and property division. If these discussions require outside professionals, such as psychologists or accountants, the parties divide the cost. That way, the expert always delivers the straight truth, as opposed to the version of the truth that one party wants to hear.
Many times, it only takes a handful of these low-key meetings to completely resolve all issues. Collaborative divorce does more than wrap things up in a non-confrontational way. It sets the stage for successful co-parenting.
In the event that collaborative law efforts fail, both parties must start over with new attorneys. This provision ensures that the parties are committed to collaborative law and not just using the process as a delay tactic.
The uncertain zone between marriage and divorce has a few short-term emotional benefits, but no long-term emotional benefits.
Divorce, on the other hand, has a number of long-term emotional benefits for both spouses. Some of these benefits include:
To be clear, divorce has some negative emotional effects at well, at least in most cases. Many people experience feelings of loneliness and guilt. But typically, the benefits far outweigh the disadvantages.
Quite often, there are also some negative financial consequences, particularly for women. Statistically, divorced women have a harder time rebuilding wealth than divorced men. Once again, however, the financial benefits usually outweigh any drawbacks.
Divorce orders almost always include child and spousal support orders. If you depend on this money, you need no longer rely on an estranged husband’s largesse. That’s an extremely precarious position. Divorce orders put these payment directives into black and white. Marriage dissolution decrees also give Greenville, NC divorce attorneys the tools they need to enforce and modify these measures, if necessary.
Additionally, when it comes to martial debts, North Carolina is an equitable division state. So, husbands and wives must divide jointly divide these obligations so that the divorce is not an unfair financial burden for either party. Once again, the final decree makes it clear who is supposed to pay what. Many creditors and bill collectors remove the legal obligation to pay half a joint debt when they receive court paperwork.
Finally, marital property, such as the family home, must be divided in the same way. So, if Wife is the residential custodian but she needs some help making house payments until her career situation is settled, Husband must provide that help if the is able to do so.
Typically, divorce changes your life for the better, especially if you choose the right approach. For a confidential consultation with a compassionate divorce lawyer, reach out to us now. Please fill out our easy to use contact form or call us at 252-212-3000.