Albemarle, North Carolina
136 S 2nd St
Albemarle, NC 28001
(704) 984-6060

3 Factors that Affect Your Divorce May 1, 2019

Albemarle, Stanly
3 Factors that Affect Your Divorce, Albemarle, North Carolina

Filing for divorce is never easy, but there are some factors that may make yours more complex than others. As you head into this legal process, you should be aware of how your situation will be affected by its unique factors. Your divorce attorney will be asking you about each of these, and giving them as much information as possible will help them better represent your interests.

Factors to Consider When Filing for Divorce

1. Dependents

attorneysIf you and your spouse have any dependents such as children, this will be a major factor. You’ll need to determine who will take custody, whether the other spouse will need to provide financial support, and how to set up visitation. If you and your spouse are amicable enough, you want to have a discussion about it to determine what they’ll be looking for. Outside of this preliminary conversation, it’s best to leave the negotiations up to the lawyers.

2. Prenuptial Agreements

A prenuptial agreement, commonly referred to as a prenup, would have been signed by both of you before your marriage. This agreement lays out any division of assets in the event of death or divorce. Full disclosure and fairness are both required — i.e., spouses must fully disclose their assets — for the prenup to be valid. If you have one, bring a copy of this document when you meet with your divorce attorney. Keep in mind that a prenup is not allowed to limit child support or any rights related to your children.

3. Abuse

If spousal abuse is present, you’ll want to talk to your divorce attorney about filing an at-fault divorce rather than a no-fault divorce. If you file no-fault, then the abuse will not be a factor unless the behavior is occurring during the case. An at-fault divorce will require proof of the abuse and likely sway the court in your favor when it comes to securing child custody. It may affect alimony or division of assets if the abuse affected you financially, such as preventing you from working. If you or your children are in danger, your attorney can file a “Protection from Abuse” order to keep your spouse away from you.

 

No matter how simple or complex your divorce seems, you should always enlist the representation of a divorce attorney. They understand this complex legal process and know how to get the best possible result for you. Fulcher Law Firm is a full-service firm in Albemarle, NC, with over 18 years of experience. Attorney Stacy D. Fulcher represents clients throughout Stanly County and Montgomery County in all types of family law issues. He’ll work relentlessly to see a swift and proper resolution to your case. Contact the law firm online or at (704) 984-6060 to schedule your consultation.

Other Announcements, Events and Deals from Fulcher Law Firm
Court date reminders, Albemarle, North Carolina
    Court Notifications https://www3.nccourts.org/onlineservices/notifications/menu.sp This service will provide notifications by text or email of changes to court date...read more
5 Speeding Laws to Follow in North Carolina, Albemarle, North Carolina
As a central hub of NASCAR®, North Carolina may seem like a place for fast driving. However, if you’re an everyday motorist, there are still many speeding laws you’ll need to follow ...read more
Understanding Drugs Laws in North Carolina , Albemarle, North Carolina
If you’ve been charged with a drug crime in North Carolina, it’s important to learn about the laws. This will help you understand what to expect in court and make it easier for you t...read more
3 Tips for Pursuing an Amicable Divorce, Albemarle, North Carolina
No matter your reason for separating, divorce is always the best option when a marriage is no longer working. While it will have a profound impact on your life, there are ways to nav...read more
What Are the Differences Between Open & Closed Adoptions?, Albemarle, North Carolina
When you've decided to adopt, it's easy to start focusing on the needs of your new child. However, you must also plan for the future, such as by choosing between an open or closed ad...read more