Home – Things to Discuss with Your Divorce Attorney – Resolute Mediation & Arbitration Inc

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Divorce is a challenging, painful time in a person’s life for many reasons – sadness that a relationship is ending, worried about the future, and overwhelmed by the present. These feelings are only made worse when you don’t know what your options are or what is available to you when you’re getting a divorce. Our divorce attorney in Greenville, NC is sharing some of the things that may help you get through this time and move forward with confidence and clarity.

Absolute Divorce

An absolute divorce is the legal term for the dissolution of a marriage. When an absolute divorce is granted, both parties are free to remarry. This is often a term used to describe an uncontested divorce or a simple divorce in which there is no complicated property division or child custody to worry about.

While this is the easiest and least expensive way to get a divorce, you still need a divorce attorney on your side. Not only will they draw up the documents and file them on your behalf, if something happens and your spouse decides to contest the divorce or fight for shared belongings, your divorce lawyer can protect your interests and represent you in court.

Separation Agreements

Even though nearly two-thirds of states require no waiting or mandatory separation periods before a divorce is finalized, several do. 34 states allow their residents to file for divorce without a waiting period, 16 states and the District of Columbia require a separation of a set period before filing for divorce. For example, Louisiana requires couples legally separate for 180 days before filing for divorce and North Carolina requires a one year separation before filing.

Instead of living in limbo for this period of time, you can already begin protecting yourself and your interests with a separation agreement. These are similar to divorce settlements in that they can determine child custody, child support, and who will be living or using marital property. The difference is that a separation agreement is agreed upon by the couple and drawn up by the attorney, and a judge does not decree it.

Property Distribution

Nearly every marriage has marital property, which is any property or item of value, like a house, car, or investment portfolio, which was purchased or received between when the couple were legally married and the date of separation.

Marital property, often called community property, can be divided equally between the spouses or equitably, depending on the law of the state. Equally means each party receives the same amount while equitably means assets and earnings received during the marriage are divided fairly. This does not include separate property, which is property that one party owned before the marriage took place or gifts or inheritance one party received during the marriage. Division also may not refer to a physical separation of property. The court may require each party to receive a percentage of the total value of the property.

Your divorce attorney will be able to explain what you’re entitled to under your state’s property division laws and will work on your behalf to help you achieve a satisfactory settlement.

Retirement Account Division

Did you know that retirement accounts are considered marital or community property? Most people think it’s considered separate and the person who earned and contributed to the accounts will keep all of it after the marriage has ended. However, just like a house or savings account, money in a pension, 401K, or other type of retirement account is considered marital property. Your divorce attorney can analyze any retirement portfolios and create a strategy that will protect your retirement, whether the money is in your accounts or your spouse’s.

Learn About Your Divorce Options

Getting a divorce is a difficult time in your life, but it’s important to know that having a divorce attorney on your side can allow you to move forward into your new future with confidence and security. If you’re still exploring your options and want to know more about the types of divorce there are, how to avoid hurting your case, and other important information, our website is full of articles and tips! We invite you to check it out: https://theironslawfirm.com/

Original Source: https://bit.ly/32ZooIn

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