Friday, December 14, 2018

Issues That Often Arise in an Older Couple’s Divorce

elderly woman being presented with divorce papers to sign, senior divorce, divorcing older couple
Divorce is something that has no age limit as older couples find themselves among the many Americans who divorce every year. While child custody is not always an issue in these divorces, retirement benefits and insurance plans can play a very important part. These factors create more need for a experienced Charlotte NC divorce lawyer to work on your side. Here’s a look at the important aspects of a divorce among older couples.

Retirement Plans
A prenuptial agreement will clear up a lot of gray areas when it comes to retirement plans. But without a prenuptial agreement, there will be the need to tally up assets and that includes retirement plans and 401(k). What generally happens is that any assets added to those retirement plans after the date of the actual marriage will factor into the couple’s assets. That balance is considered to be the marital portion, which will be divided up in the divorce. How that balance is divided all depends upon the divorce proceeding. Collaborative divorces in Charlotte are settled amicably while other divorces revert to a judge’s ruling when it comes to splitting that balance.

A QDRO (Qualified Domestic Relations Order) in also prominent in ‘gray’ divorces. This is a legal decree that enables a spouse to receive money from a retirement plan or account. This could also be considered payment for spousal or child support. However, that money can also be transferred to the spouse’s IRA as there are often percentage deductions when that money is transferred directly. But drafting and carrying out a QDRO is not as simple as there are guidelines for dividing up a 401(k). Attorneys who are not privy to the finer points of those details could wind up costing their client in the long run. QDRO’s can be rather complex.

Insurance Benefits
If both spouses worked and had their own health insurance, this will not be an issue. However, there are often links between health insurance among married couples. A non-employed spouse could raise the issue of how he/she will pay for health insurance moving forward. Life insurance policies also need to be adjusted and women who are receiving alimony may want to consider purchasing a life insurance policy should anything happen to their ex-husband. Older couples also need to consider the costs of disability insurance, which is higher for older individuals.

If you are seeking out a divorce at any age, the team at Southpark Family Law NC can help. There are so many issues in each divorce that it is important to have a qualified divorce lawyer by your side. Southpark Family Law is ready to provide you with an experienced family law attorney who can ease you through the divorce process.

Friday, November 9, 2018

The Basics of an Annulment in North Carolina

Many marriages end suddenly, but that does not always mean they have to end in a divorce. There is the option of filing for an annulment which would make for much less hassle, especially in a legal capacity. Here is a look at what constitutes grounds for an annulment and the subsequent benefits of an annulment in the state of North Carolina from Southpark Family Law Attorneys.

First, it is important to know who qualifies for an annulment in North Carolina as it is not always a common occurrence. Marriages entered into based on fraud provide adequate grounds for an annulment. This would include marrying under false pretense and applies to situations where a spouse is duped into believing there is a baby coming.

Marriages between relatives also fall into the annulment category, as does being under the age of 18 without having legal content to marry.

When one spouse is impotent, an annulment can be granted. However, that impotence has to be documented and proven by a medical expert. Lastly, a person who is not mentally competent when entering into a marriage can receive an annulment. This instance applies to a person’s mental state at the time of the marriage and not afterward. There may be also rare and extreme circumstances, which would receive special consideration. Our experienced divorce attorneys Charlotte are here to help answer your questions.

Keep in mind that bigamy is not permitted in North Carolina. A person who is legally married cannot enter into another marriage, which would make the second marriage null and void.

When a married couple is eligible for an annulment, they will not be subjected to the normal stipulations of a divorce. There will be no division of property because a judge will simply award all the property back to the original owners. The same premise also applies to debts as the original party will reassume the debts he/she brought into the marriage. When it comes to any debts that accumulated during the marriage, those will be split evenly between both spouses.

Prenuptial agreements are invalid when an annulment is reached because those agreements are based on a divorce or legal separation. An annulment is basically a declaration that you were not legally married.

If you are considering an annulment, contact a family law attorney at Southpark Family Law. Our experienced team of attorneys can advise you on the best route to take and help you through the entire process. Our firm also handles divorce law, child custody and child support cases.

Thursday, October 11, 2018

Mistakes to Avoid During a Divorce

There are a lot of procedures that come along with a divorce and certain steps that a spouse should take. There are also plenty of things to avoid and the following mistakes could wind up negatively affecting your divorce. Southpark Family Law of Charlotte shares a few of those mistakes to avoid.

Angry Social Media Posting

Divorcing couples may feel the urge to voice their frustrations on social media, but this could be a costly mistake. Social media posts can be used against you in a court of law and could be extremely damaging to your case. It’s a good idea to refrain from any postings about your marital situation when going through a divorce.

Getting it Over With

Divorces can lead a spouse to become exasperated and give in to the other spouse’s demands just to get the process over with. The problem here lies in how difficult it is to go back in and modify the divorce agreement. Make sure you take the time to get the assets you deserve.

Spending for Revenge

While there is usually a good deal of animosity between divorcing couples during a family law proceeding, acting on revenge can come back to haunt you. One way spouses attempt to get revenge leading up to a divorce is by spending money excessively. However, that money that has been spent could be factored into the divorce settlement and the spouse who did the spending will wind up losing out.

Hiding Assets

In a divorce, spouses are required to disclose all of their assets. Trying to hide some money or possessions is viewed as a fraudulent act by the court and could lead to a good deal of trouble.

Sharing Your Address

Married couples share mostly everything and that pertains to actual mailboxes as well as your online accounts and inboxes. Your privacy is a priority in a divorce and it is also important to keep all your affairs relegated to your eyes only. Your options are to change your passwords, obtain a PO Box and separate any accounts you have online.

Avoiding Co-Parenting

Just because your marriage is over, it does not mean the decisions involving your children should not have input from both parents. While it may be easy to resent your spouse, remember that co-parenting will have a positive effect on your children. The decisions involving your children should be made in the best interest of the child and never due to selfish reasons or personal vendettas.

An experienced divorce attorney at Southpark Family Law can get you through a divorce quickly and with as little hassle as possible. You no longer have to venture into a divorce without a Charlotte divorce attorney by your side. Contact Southpark Family Law of Charlotte today and let us start working for you.

Monday, September 17, 2018

What Awaits You in the Divorce Process

A divorce comes with several stages and there are numerous areas that need to be addressed before it is finalized. Here is a look at what lies ahead for couples embattled in a divorce. The professionals at Southpark Family Law Charlotte can guide you through the legalities of your transition.

The state of North Carolina is a no fault divorce state which means anyone can file after living separate from their spouse for at least a year. However, not all divorces have to be messy. Some couples part ways on amicable terms and this can lead to a collaborative divorce where terms are agreed upon without having to go through any lengthy litigation. But not all divorces play out in such a way.

Child custody is often a main area of debate and if a complaint for child custody is filed, a round of custody mediation will follow. This is a way of trying to agree on custody before the matter goes before a judge. Temporary custody can be awarded while the divorce law proceedings continue and a judge will later have the option of making that temporary order a permanent one.

Child support payments could also be enforced during the span of time leading up to the finalization of a divorce. The same applies for alimony as a court hearing is often held to decide on those two matters. However, these orders are only temporary until the divorce is finalized.

Next up comes the all-important area of equitable distribution, which is a way of dividing up a couple’s assets. In order to render a fair judgment, each spouse will be asked to complete a financial affidavit that details their assets and debts. Once all that information is gathered, another round of mediation will ensue in an effort to reach an agreement before having the matter heard in front of a judge.

Mediation is a major part of the divorce process and could save couples the time and stress of having to go to court time and again. When no agreement can be reached, the verdict is then in the hands of a judge. Regardless of how much couples may work together on amicable terms, only a judge can finalize a divorce. When it becomes finalized, parties can be held in a contempt of court if they do not adhere to the exact orders of the divorce.

If you are seeking a council, the team of NC divorce lawyers at Southpark Family Law can help. With years of experience in all kinds of divorce law, Southpark Family Law will be right by your side through every step of the process.