Triangle Smart Divorce

What should I do if I want a divorce?

If you’re ever considering getting a divorce, you should speak to somebody about it. Reach out to your biggest supporters and keep them close. When you’re ready, get in touch with one of our experienced divorce attorneys to discuss all of the SMART strategies available to you.

My spouse filed for divorce — what should I do?

We understand this can be a pretty stressful situation. In North Carolina, spouses are required to live in separate homes for at least a year before becoming eligible for divorce. The time apart allows couples time to work on things and better scope out a future without their partner. You can take this process slow and make sure that you both make the best decisions for the family.

Who will get the kids? Who will keep the house?

In an ideal situation, spouses will agree on these matters together. However… respectfully considering each other’s wants and needs, handling assets and debts, AND prioritizing children isn’t exactly straightforward. When divorcing couples cannot agree on important decisions, they should enlist the help of a divorce attorney or mediation service to help find some middle ground.

What will happen to my business if we separate?

During a divorce, your business is considered “separate property” if you owned it before the marriage. Otherwise, North Carolina follows the equitable distribution law. If your business was acquired after marriage, it’s subject to an “equitable” split between spouses. Equitable doesn’t necessarily mean an equal split, but it will be fair. The courts will assess several different factors when determining equitability.

What is mediation and why should I care?

It can be challenging to know how to resolve conflict when it arises. In some cases, we want to ignore it entirely and hope that it will go away on its own. At other times, we want to punish the other side and bring justice down on them. In the long run, both approaches tend to backfire… Thankfully, there’s another way. Mediation.