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Things To Consider Before You File For Divorce
Foresight In Child Support, Child Custody And Other Family Law Issues
At this point in your marriage, you may be going through some trying times and end up thinking about what a divorce would mean for you and your family. The fact is, they are never easy, but they can be made easier when you know your rights and have someone on your side to make sure important information is considered and thoughtful decisions are made.
At The Maitland & English Law Firm, PLLC we can help you understand the importance of various issues in divorce planning, determine what rights you have in property division and child custody, and explain what steps you should take before you even mention your concerns with your spouse. For example:
• Who is the primary wage earner in the household? Your personal earnings will be taken into account when determining child custody or spousal support payments. If you are not able to support yourself, you may need to pursue spousal support payments. Similarly, if you are the only one supporting the family financially, the court may end up ordering payments to support your spouse as well as your children.
• Do you suspect your spouse has hidden assets or debts? Married couples take on shared rights to property and responsibility for debts. It is important that all financial concerns are discussed with openness and honesty, but not all couples act accordingly. Make sure you have a full understanding of your financial responsibilities before you pursue a divorce.
• Are there safety concerns related to domestic violence or abuse? No matter what, your safety and your rights are of grave importance. Be cautious as you work through these threatening situations, and have a team of experienced attorneys on your side to protect you legally.
• Would you or your spouse be likely to move away after the divorce is final? Relocation can play a big role in divorce, as people want to put these emotional challenges behind them. If you have children together, take steps to foster a positive relationship between both parents and children.
Premarital Agreements
Entering into a marriage is an exciting and happy time for you and your family. During this time, however, it is important to be mindful of what marriage means for you legally.
A marriage acts as a business contract in many respects. Spouses become tied to each other’s financial interests and liabilities, especially when children are involved. Before you enter into a marriage, consider what would happen in the unfortunate event of a divorce or separation.
Helping You Plan For The Unexpected
At The Maitland & English Law Firm, PLLC in Chapel Hill, North Carolina, we work with couples who are planning to get married or have already been married in the drafting, negotiation and review of prenuptial agreements and postnuptial agreements.
During these often sensitive proceedings, we strive to keep efforts focused on making level-headed decisions. Our attorneys ask important questions and help our clients plan for contingencies they often have not considered, such as:
• What property would you each wish to retain sole ownership of if you separated or divorced? Who would retain ownership over real estate property such as the family home or vacation property?
• Do you have children from prior marriages? How will property and inheritance be preserved properly for your children and each other?
• How will you manage responsibility for debts one person accumulated during the marriage?
• Do you wish to outline certain financial rights and responsibilities during your marriage?
• How will business ownership, retirement benefits and other professional interests be divided or protected in case of a divorce?
• How do premarital agreements overlap or work in conjunction with estate planning documents?
Our team of experienced lawyers can help you address the complex issues related to family law and divorce. We work with our clients one-on-one in Chapel Hill and throughout North Carolina to address the full scope of their legal needs.
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