5 Things to Do Before You Even Think About Getting a Divorce

by Lee S. Rosen

5 Things to Do Before You Even Think about Divorce
Summary - There are a number of things you should do before you take any action on your divorce. These 5 things are critical if you blow it on one of these you may have really made a huge mistake.

There are many steps to take to protect yourself in a divorce. This article will get you started. Your best bet is to talk to a lawyer before you do anything.

1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage.

Even if you don't think there's hope for the marriage, "divorce counseling" can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don't wait for your spouse to participate. If you don't know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads.

2. Talk to an attorney before you do anything.

Even if you don't end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There's a lot to know about divorce in North Carolina…our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time…not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of North Carolina divorce law.

3. Do not move out of the marital home without talking to an attorney first.

Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children.

4. If you have been involved in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anyone else.

In this case, honesty may not be the best policy. In addition to the fact that adultery is illegal in some states, admission of an affair can have other dire consequences. If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage…which includes the time you are separated) could end up costing you thousands in additional alimony payments.

5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce.

One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds.

Another self-protective step is to file what is known as a Lis Pendens in the Deeds Office of any county where you and/or your spouse own real property. The lis pendens puts third parties on notice of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a notice of pending litigation that may affect real property. A properly recorded and served lis pendens clouds the title to the property, preventing an effective sale of the property behind your back. The rules regarding a lis pendens contain very specific requirements, all of which are spelled out in section 1-116 and the following sections of the North Carolina General Statutes.

A third possible step to protect the assets of your marriage is to get an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order. Your attorney can also use an injunction to get your separate property returned to you, where your separate property is in the possession of your spouse and the spouse refuses to give it to you. The equitable distribution statute also provides a means for you to obtain an interim distribution of marital property, pending a final resolution of the property matter. Such an interim allocation could, for instance, give you much needed funds on which to live.

Other protective measures you might consider in your divorce planning include: (1) protecting your own credit rating by freezing or closing joint cards and by blocking your spouse's access to other joint credit such as a home equity loan; (2) closing joint bank accounts and opening accounts in your own, individual name; (3) changing the name of the responsible party on utility and other bills; and (4) spending where possible your spouse's separate property first, marital property next, and your own separate property last.

While this list will help you get started on the right track, it is by no means a complete list of all the things you need to do and know if you are considering a divorce. For more information about the rights and duties of separating and divorcing husbands and wives visit one of our Raleigh divorce lawyers. You'll find a complete law library, downloadable divorce forms, a legal fee calculator, a child support calculator, lists of professionals who can help you and stories from people just like you who have survived divorce.

About the Author
Lee S. Rosen has been a divorce attorney since 1987 and leads a family law firm with offices in Raleigh, Durham and Charlotte, North Carolina. Rosen has handled hundreds of child custody, child support, alimony, property division, divorce, domestic violence and alienation of affection cases. He leads a NC divorce firm serving more than 10 North Carolina counties. Rosen is a frequent speaker and is often called upon by the media for divorce and family law commentary.

Do You Have The Necessary Grounds For Divorce?

by Jon Arnold

Grounds for divorce vary from state to state. For instance, in England and Wales, you can only divorce if you have been married for at least a year. Also, the only grounds for divorce is the irretrievable breakdown of the marriage and the way to prove it is by establishing one or more of the following facts: Adultery, unreasonable behavior, desertion, two years separation or five years of separation, living apart.

There are two types for grounds for divorce, contested and uncontested. The first one is when both parties fail to agree on the issues involved. The common grounds of disagreements will often include custody of children, child support, and assets of the marriage, contribution towards education, family debt, dependencies, and many others.

Also, there are other grounds for divorce also called as no-fault or a fault divorce. The first one happens when the couple agrees to irreconcilable differences and neither of them is at fault for the failure of the marriage. In this case, the spouse who sues for divorce doesn't need to prove that the other spouse did anything wrong.

All states will allow a divorce regardless of whether anyone is at fault. The fault divorce is when one of the spouses is the one to be held responsible for the failure of the marriage, who will not be entitled to alimony under most state laws. The faults may include infidelity, alcoholism, drug abuse, etc.

Why choose a fault divorce? Many do not want to wait for years which is the period of separation required in many cases. In some states, a spouse who proves the other's fault may receive a greater share of the alimony in common. One spouse must simply give a reason the state recognizes and in most, it is enough to determine that the couple can't get along.

However, in many other states, the couple has to live separately for a number of months or possibly years to get a no fault divorce. So you see, much of the divorce process will depend on the particular laws in your state. You can petition the court to consider, for example, that both of you have already been living apart for a period of time if that is the case, which will be considered if this fact can be documented and proven to the satisfaction of the divorce judge or mediator.

Lastly, the time it takes to get a divorce can take vary and depends entirely on the couple themselves. For instances, the couple may be able to "do it themselves" (depending on their state laws) only when the couple can agree upon everything. Be aware this does mean EVERYTHING and it must be in writing. Such cases can be completed in approximately six weeks. However, if the couple has difficulties in the agreements or if children are involved, the process can take years.

If children are involved in the divorce, it gets considerably stickier. Child custody must be determined as far as where the children live and the frequency of staying with the other parent. Child support agreements must be worked out, where the person paying the child support will likely be doing so until the child turns age 18.

About the Author
For more insights and additional information about aspects of the topic of Grounds For Divorce as well as finding a wealth of other information and links to guide you through the divorce process, please visit our web site at http://www.my-divorce-guide.com