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Surving the Holidays

Surviving the holidays in a difficult marriage can be difficult at best.  Despite that, legal separation and filing for divorce in Charlotte tend to decline during certain seasons.  When is the best time to get divorced?

Pre-existing problems in a marriage may be exacerbated by family commitments and the hustle brought on by the time of the year.

Some parents stay married for the children, thinking to themselves, “I want to give them one more special time before moving forward.”

Those are completely reasonable feelings.

Our job as Charlotte divorce lawyers is not to convince you to separate or end the marriage.

Indeed, once advised of their legal rights, some people choose to stay married and work things out.

That’s OK with us.  The key is to determine what is best for you and your family.

We believe good decision-making, like sound legal advice, is predicated on possessing good information – Bill Powers

Anticipating the end of a relationship can be bitter-sweet, if not downright hard.

That is made all the more difficult if there are uncertainties and questions about the application of the divorce laws to any given marriage.

When is the best time to file for divorce?

Frankly, there really isn’t one “best answer” to that question.

Timing can be an important consideration but it is by no means the sole or only factor to take into account.

Family law cases are as varied and different as the people involved in a marriage.

There are differing, complex issues to consider including the education of children, filing of taxes, and above all, your safety and that of loved-ones.

Without question, “surviving the holidays” does not include suffering through physical violence, sexual assault, or other criminal acts.

If you fear for your safety or that of your children, there are protective measures that may be undertaken separate and apart from the formal filing for divorce.

50B – Complaint and Motion for Domestic Violence Protective Order

Filing for divorce is often the last step in the ending a marriage in North Carolina.  In large measure that is due to the mandatory period of legal separation as set forth in the NC divorce laws – Bill Powers 

While we are more than willing to speak about seasons of the year, relative to planning and filing for divorce, that is to some extent putting the cart before the horse.

We believe it best to have all the facts/documentation in hand before filing any type of legal proceeding.

In complex family law matters, those involving child custody and visitation or marital estates requiring careful consideration of financial records and Equitable Distribution, the parties may agree to proceed by way of a Separation Agreement.

Collaborative Divorce may also be an option to consider.  “Filings” in court (Clerk of Court) in those instances may be sporadic if not limited.

It is increasingly popular for married parties to work through the specifics of divorce privately.

Assuming there aren’t disputes over Post Separation Support or “PSS” or visitation issues, even if between contentious spouses, many issues may be handled via negotiations, the voluntary exchange of financial records, by and through legal counsel.

We do recommend potential clients begin the process of selecting a divorce lawyer as soon as possible.

Even if you would like to wait until after the holiday season to move forward, it’s a good idea to plan for that.

Lawyers, like doctors, are subject to schedules and pre-existing commitments.

Put simply, if you’d like to sit down and talk a divorce law, call now and schedule an appointment.

We also do not strictly require clients to come to our law office.

We will use secure video conferencing.

Will the judge be mad if I don’t try to work things out?

Generally speaking, the answer is, “No.”

North Carolina, with certain limited exceptions, is considered a no-fault divorce state.

That doesn’t mean Family Court Judges in Mecklenburg County prefer acrimony and/or unreasonable litigants.

That is especially true when considering the best interests of children.

We believe the better practice is to proceed in good faith, seeking equitable and fair resolutions to disputes.  Litigation is expensive and frankly, at times, not merited – Bill Powers 

As such, the Court does not mandate counseling and working through marital issues.

A judge is not going to try to convince anyone to remain married against their will.

It will demand the parties are honest, that they disclose all relevant records/materials associated with the marriage, and that all Court Orders are followed.

Related Legal Issues and Topics of Interest

  1. When is the Best Time to get Divorced?
  2. Separation and Divorce Tips
  3. Collaborative Divorce
  4. What is Collaborative Divorce?
  5. Post Separation Support and Alimony
  6. Reconciliation
  7. I Want a Divorce
  8. NC Divorce Laws – Chapter 50

Charlotte Divorce Lawyer Bill Powers

If you have questions about your legal options, we may be able to help.

The first step involves calling our law firm and speaking with a legal assistant.

It’s a good idea, prior to meeting, to check for conflicts and availability for legal representation.  It’s also a good idea to understand the costs of a formal consultation and retention of the firm as counsel – Bill Powers 

Call Bill Powers NOW:  704-342-4357

 

 

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