Should I get a divorce?

There are several reasons that people consider divorce and the final decision is never an easy one to make. There will be mediation conferences, hearings, exchanging of financial documents and continued stress until the process is over. However, if you are considering divorce in North Carolina, be sure to consider the legal and financial ramifications as well including: 

Child Custody and Child Support

1. If there were children born during the marriage the court will grant physical custody to one parent and the other will pay child support to him/her
2. The parent who is not awarded custody will likely see their children on weekends and alternating holidays
3. See my Custody and Child Support blogs for more info

 Separation of Marital Property and Debt

1. The courts will determine what property was purchased during the marriage and what debt was incurred during the marriage
2. The court will then divide this property and debt equally amongst each spouse (even if you did not incur the debt personally)
3. For more info check out my Marital Property Blog.

 Post-Separation Support and Alimony

1. In NC, the spouse who makes more money during the marriage is considered the supporting spouse 
2. The supporting spouse can be ordered to pay post-separation support to the "dependent spouse" allowing him/her to maintain the lifestyle he/she enjoyed during the marriage
3. Alimony is generally awarded after the divorce which is guaranteed to the dependent spouse if the supporting spouse cheated
4. See my Post Separation Support Blog for more info

 Claims against your Mistress/Paramour

1. Speaking of cheating, your spouse can collect from your mistress/boyfriend in claims for Alienation of Affections, Criminal Conversation, and Loss of Consortium 
2. See my Homewrecker Blog for more info

Unpaid Tax Bills

1. Some couples wait to get divorced after years of separation
2. However, during this separation period, the IRS still views you as married and you are both required to file taxes. 
3. If your spouse has failed to file taxes during this period and back taxes are owed, this could effect you both as it will likely be considered marital debt. Unlike other creditors, the IRS can also put a lien on your marital home even if just one of you has not paid taxes. 

For more detailed questions, contact me at (919)321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.