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
If 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.
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.