drawbacks of initiating divorce proceedings

Should You File a Divorce First: Things to Consider

In Divorce, Family by Greensboro Attorney

There is one major caveat to seeking a divorce in North Carolina, and that is that you should have been living apart from your husband for at least one year before filing. When that time comes, what are the drawbacks of initiating divorce proceedings before the marriage ends? As for why you would want to hold off, tell me. This article will examine both sides of the debate so that you can make an informed choice for you and your loved ones.

North Carolina Divorce Proceedings

After a year of separation without cohabitation, you can initiate divorce proceedings. After living apart for a year, either of you may initiate divorce proceedings. If your spouse and you have been living separately for so long, it will come as no surprise if one of you files for divorce.

Divorce can be sought in a no-waiting state of residence. It can make a difference if you are caught off guard, as this gives you time to make financial preparations and establish responsibility for the marital assets. However, by the time you reach the one-year mark in North Carolina, you and your husband may have reached a separation agreement, either in writing or verbally.

Regardless of who files for divorce first, having legal representation is essential if you and your spouse cannot resolve the underlying difficulties. Working with a legal company that concentrates on family matters can help you achieve the best possible resolution.

Uncontested divorces are possible for couples who have been officially separated for a year and have resolved all outstanding difficulties.

Uncontested divorces are possible for couples who have been officially separated for a year


Divorce and the Unexpectedness of Separation

It’s likely that you and your partner will have a talk before you separate or ask them to leave the house. Gaining an advantage requires working with an attorney before filing for divorce.

You’ll be ahead of the game if, before filing for divorce, you sit down and go through the procedure in detail. While your partner is still perplexed, you’ll know exactly what’s going on and how you want things to be resolved.

Having the element of surprise can be achieved by hiring a top-notch divorce attorney and gaining a strategic advantage. If you and your partner are willing, your lawyer can help you settle your differences amicably. It can be quite beneficial to work with your spouse towards an equitable distribution of assets and a fair resolution of your partnership.

And your family lawyer can assist you to understand what you and your partner are entitled to under the law in terms of your marital rights as they pertain to specific concerns.

Before you decide to divorce, there are a few things to think about:

  • Custody and support payments.
  • Visitation rights and child support obligations.
  • Allocating wealth fairly, managing any additional thorny concerns.
  • It is easier to file for divorce if you have a written separation agreement with your spouse.
  • If you and your husband want to divorce, hiring an attorney to draft a separation agreement together puts you in the position of commencing the divorce proceedings.
  • If your husband is going to fight you on alimony, you and your divorce lawyer can file for a short-term alimony arrangement (NCGS 50-16.2A).
  • You may be entitled to spousal support from the time of your separation until the divorce is finalized, depending on the outcome of your case.
  • If you apply for divorce first, you can determine how much financial assistance you need from the court in order to have a divorce.

Consequences of Divorce Procedural Efforts First

Filing beforehand has some drawbacks, including the following:

  • Remit the approximate $225 filing cost.
  • Potentially higher legal costs if your lawyer has to do more legwork to uncover assets or other information before filing for divorce on your behalf.
  • Indicate your willingness to divorce by giving some kind of hint.
  • Write down what you think happened and why. If your filing is harsh and unreasonable, it could hurt your reputation with the court and you won’t be able to get it back.

Filing first can give the impression that you’re trying to deny your spouse visitation or custody of the children if you aren’t being fair to them. You have no right to withhold a fair split from your husband and any children you may have unless you can prove that you were subjected to abuse while living with your spouse. You don’t want to start an alimony or custody battle by making unreasonable requests of the court.

Child support is money that the parent with custody of a child may be ordered to pay to the parent who does not have physical custody. If you initiate a divorce and are really demanding, it could look like you’re trying to game the system. You do not want to give the impression that you’re attempting to get out of paying child or spousal support, or that you’re demanding more favorable treatment than is reasonable.

A family court will have no interest in taking your side in a custody battle you provoke by filing improper documents.

The Pros of Divorce Filing First

Seek the Advice of an Attorney Before Filing

You can demonstrate your good faith and desire to do what is fair by filing first with the help of a qualified family law attorney. Before submitting anything to the court, you must first consider how it will be interpreted.

To maximize your chances of success, file for divorce while keeping everyone in the family in mind (even if you file first).

Divorce is a major life choice that should not be made recklessly. In fact, the cost of submitting it is enough to deter some people. Prior to taking any action, it is recommended that you speak to an attorney to gain a full understanding of the situation.

The Pros of Divorce Filing First

If you want to get a divorce, you need to put the terms on paper first. The divorce will be uncontested if both parties agree on all issues and the spouse signs the necessary paperwork.

But suppose you receive your spouse’s divorce filing and in it they expressly state that they do not wish to include alimony in the divorce agreement. You are refusing to sign the divorce papers because you believe you are entitled to maintenance.

When a spouse files for divorce without first trying to resolve the couple’s differences, the court will do so. When you file a counterclaim against your spouse’s divorce papers, you’re saying that you don’t accept the divorce and the agreement as written.

If you file second, your spouse’s refusal to pay alimony may be challenged. When you file second, you get to counter your ex’s story. Filing first is an excellent strategy if you want to take the initiative in presenting your case.

In case you are unable to resolve your differences prior to filing for divorce, you may submit a standard petition for dissolution of the marriage and attend subsequent court hearings to do so.

Allow Us to Assist You

Divorce is incredibly stressful and can be one of the most trying times in a person’s life. We at Greensboro Divorce Attorneys are sensitive to your situation, fully cognizant of the difficulties associated with dissolving a marriage, and ready to do everything it takes to alleviate the emotional and mental anguish that you may be experiencing. Read on to find out how our law office may assist you during a divorce case: https://www.garrettandwalker.com/family-law-attorneys/uncontested-divorce-lawyers/