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family law Archives

The benefits of settling a divorce before trial

Going through a divorce in North Carolina can be a highly emotional process. When spouses decide to end their marriage, they may have a difficult time agreeing on almost anything. They might find themselves frequently arguing, and it could seem like there is no alternative to an extended trial in family court to manage the divorce. However, these couples should consider the ramifications of going to trial.

Divorcees may be entitled to Social Security benefits

Figures from the Social Security Administration reveal that about one in five married couples in North Carolina and around the country will rely on their Social Security benefits to cover at least 90% of their retirement expenses. Older spouses who are unhappy in their marriages may feel that divorce is not practical because losing their husband or wife's Social Security benefits would leave them financially vulnerable, but the SSA has rules in place that allow divorcees to receive payments based on their former spouse's contributions.

Divorce may be predicted by these signs

Divorce is one of the most stressful, anxiety-producing situations a person can go through in North Carolina, and most couples seek to avoid it for as long as they can. It can be difficult to know if divorce is the right decision, especially given the weight of the emotions involved. For people who are considering divorce but are not sure about it, there are some telltale signs that divorce is on the way. Among them are not eating meals together, living separate lives, experiencing addiction and not having sex regularly.

Satisfied, low-income newlyweds less needy of family law services

The question of why some marriages fail where others succeed is an important one for any North Carolina couple on the way to the altar. Prevailing wisdom has it that marriages always start off optimistically with high energy that wanes over time into stability and ease. In short, marriage is often seen as a path to a place couples are not enthusiastic about being once they get there. One Forbes contributor takes a closer look at the myth through the lens of a study found in Social Psychology and Personality Science.

Property division issues when divorces happen later in life

When middle-aged or older people in North Carolina decide to divorce, they likely have accumulated significant marital assets. To negotiate an equitable division of marital property and possibly calculate child or spousal support, both parties must identify all marital assets and income. Retirement accounts, inheritances, life insurance policies and future Social Security benefits all enter the equation when determining the final terms of the divorce.

Americans divorce for a wide array of reasons

Marriage is difficult for many couples in North Carolina. Sometimes, nuptials fall apart at the seams and result in divorce. In 2017, approximately 800,000 divorces took place in the United States. Statistics show that couples divorce for specific reasons. The National Center for Biotechnology Information (NCBI) conducted research regarding the main reasons Americans end their marriages.

Assessing the contributions of stay-at-home spouses in divorce

In North Carolina, like most states, property division in case of divorce is supposed to be equitable. This means that a court may consider the contributions of both spouses when deciding how to split up assets. While this may be straightforward if both spouses earned an income, it can be more complex if one spouse did not. These spouses are often stay-at-home parents whose support has helped the career of the breadwinner.

Assuming a mortgage after divorce

When couples in North Carolina divorce, every aspect of their shared finances is open to negotiation and division. In many cases, a shared home is one of the most valuable assets the couple owns. If the home is not yet paid off and there is still a mortgage, the spouses will have to decide how they want to manage that responsibility.

Making wise decisions about the family home during a divorce

North Carolina residents who have gone through a divorce understand just how challenging the entire process can be. One of the major challenges a divorcing couple may face is determining what to do with the marital home. There may be a lot of sentiment attached to the home. For that reason, the couple may struggle with whether to sell the home and divide the profits, have one of the two parties buy the other one out, or both keep ownership of the home and alternate the days that they live in it.

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Bull & Reinhardt, PLLC
160 E. Chestnut Street
Asheville, NC 28801

Phone: 828-348-8053
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