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
Paying Your Traffic Ticket vs. Hiring a Lawyer to Fight the Charges, Albemarle, North Carolina
When challenging a traffic ticket, drivers have the right to represent themselves in court, or hire capable attorneys who will represent them. They can also choose to just pay the ti...read more
How Do Misdemeanor & Felony Drug Charges Differ in NC?, Albemarle, North Carolina
Just as in other states, drug crimes can carry severe consequences in North Carolina. But while these charges may be serious, it’s important to note that not all situations carry the...read more
What to Know About Exercising Your Right to Silence During a Traffic Stop, Albemarle, North Carolina
American criminal laws state that anyone stopped and questioned by police has the right to maintain silence as a way to avoid incriminating themselves. But there are certain instance...read more
North Carolina DWI Law, Albemarle, North Carolina
Driving under the influence endangers you and others on the road. It’s also a serious offense under criminal law and will result in consequences from fines to jail time. With Fourth ...read more
Telling Hemp & Marijuana Apart Is a Problem for Law Enforcement, Albemarle, North Carolina
Police are having a hard time distinguishing hemp and marijuana. This has resulted in legal headaches for many people. To shed light on the matter, here are some facts you need to kn...read more