Absolute Divorce

3 Common Mistakes People Make when Filing their own Divorce

Divorce Mistakes

There are a ton of divorce mistakes that I often see people make when they file their own divorce. When I was preparing to write this post, I did a brainstorm and could find no fewer than 10 major mistakes – any one of which could doom your divorce, cause you major legal/financial trouble, or both. So I went ahead and prepared this video outlining the 3 biggest mistakes I see people make: They file too soon They don’t properly serve their spouse They don’t properly preserve claims for spousal support or equitable distribution in their divorce If you are […]

NC Divorce 02 : The legal pitfalls of getting a divorce in North Carolina

NC Divorce 02 : The legal pitfalls of getting a divorce in North Carolina

Getting a divorce is a big deal – a really big deal.  If you let yourself get divorced without knowing the legal consequences of that divorce judgement, you are only hurting yourself.  In today’s episode we talk about some of the legal consequences of getting divorced so that you can decide whether you need to talk to a divorce lawyer or not. Right click here to download the mp3

NCDP 01 : Introduction to the podcast and legal requirements for divorce in North Carolina

NCDP 01 : Introduction to the podcast and legal requirements for divorce in North Carolina

Welcome to the inaugural episode of the North Carolina Divorce Podcast!  This is the “show notes” page, where I will summarize everything that I talked about in the podcast.  Today’s podcast was short and sweet, containing a brief introduction of my law firm and why I started the podcast, who I’m hoping to help with the podcast, and then I move into the legal tip for this podcast.  Today’s tip discusses the legal requirements to obtain a divorce in North Carolina. I hope you enjoy! Right click here to download the mp3

Should you get divorced before the end of 2013?

Should you get divorced before the end of 2013?

If you are just starting to think about getting divorced, and you live North Carolina, then you are pretty much out of luck to get divorced in 2013, or 2014 either for that matter. The process to get divorced in North Carolina is a long one, and starts with getting separated from your spouse. Once you have separated, you must remain separated for at least one full year. After you have been separated for one year, then you must file the divorce complaint in the court system, and it can take another 60-90 days after that for the divorce to […]

Taxes and Divorce in North Carolina – 5 Things you need to know

Taxes and Divorce in North Carolina - 5 Things you need to know

Taxes and Divorce have been a frequent topic of discussion during the Family Law Intensive Seminar that I attended today and yesterday in Charlotte.  In addition to taxes and divorce, there has been much discussion of business valuations, custodial evaluations, alimony experts, etc. Going to CLE’s like this always gives me lots of great ideas to talk about and share legal tips and information with my readers. Not surprisingly, whenever there is a small business or professional practice involved in a divorce case, the entire case is going to get very complicated very quickly.  The use of experts in these […]

Divorce in North Carolina – When you can and when you can’t…

Filing for divorce in North Carolina seems, at first glance, to be a fairly straightforward process. Most people think, “It’s just a little paperwork, I can handle this myself…” And for most people with straightforward cases, they would be correct. However, there are those cases that are not so straightforward, and that is where us lawyers come in. There are two requirements to filing for divorce in North Carolina (and I should mention that we are talking about filing for what is called an Absolute Divorce, not a Divorce from Bed and Board).  Those requirements are: You must have lived […]

Another reason why hiring a Cary Divorce Lawyer is a good idea

In this day and age of technology and free information on the internet, it is not surprising that a lot of people want to try and play lawyer and represent themselves.  In their mind, they think that they are going to be saving themselves thousands of dollars. In some cases, they might be right, but in other situations, this can be a costly decision.  What almost happened to my client yesterday while at mediation was another glaring example why. I was sitting in mediation with my client.  We had reviewed all the financial disclosures and produced everything we needed to […]

NC Divorce Papers – Who should file first?

The question of who should “file” NC divorce papers first depends in large part on your unique personal situation and what is meant by “filing” legal paperwork. In North Carolina, when we refer to “filing for divorce”, you could be referring to filing for the absolute divorce, or filing for any of the other legal remedies you may be seeking (i.e. post-separation support, alimony, equitable distribution, attorneys fees, custody, child support, etc.). If we are discussing the sole act of filing NC Divorce papers for absolute divorce after all of the other issues have been resolved, then it really doesn’t […]

Can I complete an absolute divorce if my spouse won’t cooperate?

One question I get all the time is what should I do if my spouse won’t agree to the divorce?  Usually, it’s not that your spouse won’t agree to the divorce, but rather they won’t agree to the custody arrangement, child support, your alimony request, or how to divide up the property. Obtaining a divorce in North Carolina is a fairly simple process – you must be separated for a year and one party must be a resident of North Carolina for the past six months.  If you meet this criteria, then there is virtually nothing that your spouse can […]