Salisbury Divorce Lawyer

Salisbury Divorce Attorney

When facing the possibility of divorce in Rowan County, hiring a Salisbury divorce lawyer can make the difference in how fast and painless the process is. A divorce marks more than just the end of a marriage. It is a complex process that affects every aspect of your life, from everyday finances to your family structure.

The skilled Salisbury family law attorneys at Lancaster and St. Louis understand how each divorce case is unique and can use a tailored approach to resolve contentious matters such as child custody, support, and the division of assets.

What Are the Steps of the Divorce Process?

There are many different legal steps to take in any divorce process. Generally, they include:

• Preparing to file for divorce: When an individual has reached the decision that they would like to be divorced, it is advisable to speak with a divorce attorney before officially filing any paperwork. This can safeguard your rights and set your expectations for what is to come in the process.Prior to this meeting, prepare all the financial documents you have to demonstrate your capabilities of managing life independently, whether you believe you need spousal support or not. All of this will have implications on your children, property, and other areas that are wise to address with your attorney at the beginning of the journey.
• Filing the divorce petition: The individual who files for divorce first is known as the petitioner. Within the petition, the individual will outline what their grounds are for divorce and what their settlement desires are. This will include what custody arrangement they feel will suit the new family unit, in addition to financial support that may be needed or specific property division requests to ensure each party is able to move forward comfortably.
• Serving the divorce petition: Within the divorce process, it is required for the petition to be legally served to the other spouse. They are known by the court as the respondent. The petition gives them notice that divorce action has been taken. It will also outline how much time they have to respond to the petition in agreement with how details are outlined or to file a counter-petition. This is where the respondent would detail what they disagree with in the original petition and what they would need to see happen to reach an agreement.

• Temporary orders: Both spouses have the legal authority to request temporary court orders for child support, alimony, and other issues to help provide stability while the divorce is being dealt with in the legal system. This can help to keep children and finances afloat and not present any additional disruptions to an already stressful life event.
• Discovery: Within the discovery stage, both parties are required to exchange information about their finances, assets, etc. This is why it’s important to collect this information early on in the process. During this step, either spouse may find themself engaging in answering questions, supplying requested documents, and offering depositions to help add clarity and reach a final outcome.
• Negotiation and settlement: At this point, spouses and their respective attorneys will negotiate to reach an agreement on every contested issue within the divorce. This can be done simply through attorney-to-attorney negotiations or through a structured mediation process. If the issues are able to be resolved through either of these channels, the divorce can proceed to be finalized. If not, both spouses will need to advance their positions to court.
• Trial: If two spouses end up in divorce court, it signifies that they were unable to reach a settlement independently. This does not necessarily mean that they have failed but rather demonstrates how differently both parties see what is right for their family moving forward. Within the trial stage, both parties will present evidence and arguments to make their points.
• Finalizing the divorce: After hearing both sides and digesting the information, a judge will make a final call on how the divorce will ensue. At this stage, the court will issue a divorce decree that specifically outlines the terms of the divorce and what was decided upon in court.

Moving forward, if there is any evidence that either party failed to follow court orders, it can be brought to the attention of the court to modify any originally agreed-upon term. There are also legal grounds to conduct a post-judgment action if any life circumstances have changed, such as a spouse being hired at a new company and needing to move further away than originally intended.

In any scenario, having a Rowan County divorce attorney helping the entire time can offer much-needed peace of mind to assure you are doing everything you can to achieve your post-divorce goals.

Common Issues That Arise During Divorce Proceedings

• Child Custody and Visitation

One of the most emotionally charged aspects of divorce when children are involved is what custody looks like moving forward. There can be major disagreements between both parties on whether sole custody or shared custody is the most appropriate arrangement. This is especially true when deciding where children will spend certain holidays and vacations, as previously, both parents became accustomed to having their kids at all of these yearly celebrations.

• Child Support

Determining what child support arrangement is most appropriate can be extremely contentious because it affects each party’s personal finances. This is especially stressful in divorce, as both parties are trying to plan for how they will support the family themselves moving forward when, historically, it was a shared effort. Contact our Salisbury child support lawyer to know more.

To reach a verdict on a child custody amount, the court will take into consideration the income of both parents, the needs of the children, and any North Carolina state guidelines that might dictate certain percentages of income.

• Spousal Support

This payment structure, also referred to as alimony, is a very similar concept to child support. If there is a clear disparity in one spouse’s income in comparison to the other, the court may try to balance the playing field through a spousal support arrangement.

This is because both parties have become very used to a certain way of living, and if one party is the clear breadwinner, it can dramatically impact how the other individual is able to support themself post-marriage. Different factors that help to determine how much that monthly payment will be include how long both people were married and what their established standard of living was during marriage.

• Division of Property and Debts

To ensure an equitable distribution of marital property, one of the first steps a Salisbury divorce lawyer will take is to determine which assets are considered marital and separate property. This distinction is important, as not every asset is subject to division during divorce, depending on when it was acquired.

Once each item has been classified, a professional appraisal will need to ensue to determine how much each asset is worth. This information will be relied on heavily to split all assets as equally as possible.

• Legal Fees

Determining who will pay legal fees can sometimes come up during a divorce. This is typically when one of the spouses is struggling financially, and as part of their divorce settlement that likely includes spousal support, they would also like their attorney fees to be paid for.

In situations where one spouse earns significantly more money than the other, this extra charge will be hard to avoid. If both spouses make around the same income and spousal support is not a condition of their divorce, then it is likely that both spouses will be responsible for paying for their own legal representation.

• Hidden Assets

Occasionally, during the divorce process, one spouse may accuse the other spouse of hiding assets in an attempt to keep more than the court would traditionally allow. This is illegal, and if there is evidence to prove this allegation is true, the guilty spouse will face serious repercussions. All accusations should be taken seriously and may require various investigations, subpoenas, depositions, and reviews of different financial records to determine if the accused is guilty or innocent.

Are Divorce Lawyers Expensive?

The perception of a divorce lawyer being expensive rests on the specific circumstances of each individual’s case. One of the most influential factors on the final price of divorce services is the complexity of the case. Uncontested divorces with minimal assets and no children tend to be less costly because there is less to split and disagree on.

However, when a marriage has accumulated many different assets, and the couple has built a family together, this can dramatically complicate matters and will likely require more time and legal work to help reach a resolution. A general rule of thumb is that the more time you would expect to partner with an attorney on your case in Salisbury, NC, the more you will end up paying.

Keep in mind that the attorney fees could be dramatically offset by a favorable settlement. Trying to reduce attorney fees by speeding up the process could backfire if you reach a resolution that you don’t feel addresses all of your needs.

Contact Lancaster and St. Louis Today

If you are facing the prospect of divorce, the support of a knowledgeable Salisbury divorce lawyer can make all the difference in your satisfaction with the speed and efficiency of your case. The attorneys at Lancaster and St. Louis have been supporting the Charlotte metro area with their divorce issues for many years and would be honored to help support your family in the same way they have helped others in the community. Contact us today by email or call 704-792-1277.