Dec. 21, 2020

My Spouse and I just Decided to Have a Divorce. What Next?

fighting coupleGoing through a divorce is a painful and difficult thing to do. The dissolution of your marriage will trigger a range of feelings and emotions. The best way to get through the ordeal is to be organized. Hiring a divorce attorney Greensboro NC is the first step in this process. Your divorce lawyer Greensboro will advise you on the steps required in the divorce, and they will help you negotiate a fair settlement. 

Here are the basic steps in a divorce: 

  1. Physical separation 

If you are not already living in separate homes, you will need to start. The state of North Carolina requires that couples going through a divorce not to live together. Moving out does not make you legally separated from your spouse. To attain this status, you must obtain what is called a “divorce from bed and board”. 

A legal separation does not entitle you to remarry. However, you can start the process of negotiating over asset division, child custody and support, and alimony. 

  1. File a divorce complaint 

You or your spouse must file a divorce complaint with the Clerk of Court. This is the official paperwork necessary to actually dissolve the marriage. Your lawyer can file the complaint on your behalf. 

  1. Mediation option 

You need not litigate to get a final divorce agreement. If you and your spouse still get along well, you may be able to go through a mediation process. This is a much less expensive option. A mediator can help you and your ex come up with an equitable and sustainable plan. The mediation takes place in an informal setting and is done in a calm and rational way. 

  1. Going before a judge 

If mediation is impossible and you and your spouse cannot work out an agreement on your own, then the courts will need to get involved. A judge will examine the circumstances of the case, weigh evidence, and hear testimony before issuing a final divorce order. This order will determine how the marital estate is divided and the parenting arrangements. 

If you are going through a divorce, then you should speak to a Greensboro family law attorney at the Law Office of Mercedes O. Chut.

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