Newton, NC, Divorce Attorney
A divorce is notably one of the most emotionally draining life events a person can go through in Newton, NC. It’s an event that many people don’t expect to see themselves in when saying “I do,” but sometimes you must part ways and move on. From a legal standpoint, some people mistakenly assume that divorces are as simple as filling out some paperwork and moving on without each other. Unfortunately, this is not the case. However, the process can be simplified with an experienced Newton divorce lawyer. They can help you understand each step of the divorce process and secure a fair settlement to ensure both parties are comfortable moving on.
Why Do People File For Divorce in Newton?
There are a ton of reasons two people may decide to file for a divorce in Newton. Some of the most common reasons include:
- Irreconcilable differences. Sometimes couples find down the road they have drastic differences in some fundamental values and beliefs that are difficult to look past. Learning this can cause a rift in the relationship that disrupts the healthy union that once existed.
- Infidelity. A cheating spouse can be one of the most challenging discoveries during a marriage. It can come with a ton of emotional pain and betrayal that is nearly impossible to forgive and forget.
- Financial disagreements. Money problems are often found at the root of many couples’ issues. It can be as simple as disagreements over how money is being spent in the household or complicated investment decisions.
- Substance abuse. When a new addiction enters the household, it can completely change the dynamic of the relationship. What at first might be a partner fully committed to helping their struggling spouse to overcome the addiction can quickly escalate to divorce. This happens when too much time has passed without a resolution or if the spouse who is suffering from substance abuse refuses to change.
- Emotional or physical abuse. Over time a relationship can become so incompatible that a spouse begins to act violently toward their partner. This could include mental attacks such as calling names to destroy someone’s self-esteem or physical attacks like hitting or pushing with the intent of inflicting harm. It is difficult to forget these instances, which is why many couples feel that divorce is their only hope.
How Are Major Conflicts Resolved During the Divorce Process?
- Negotiation. Usually, the first attempt to try to resolve a divorce is through negotiation. This is where spouses and their attorneys can sit down and try to find common ground on the most contentious issues that have stopped the divorce from progressing. For example, various child custody arrangements could be discussed to ensure that both parents will have their kids when they need them most after divorce.
- Mediation. For couples who believe they can find agreement fairly easily, mediation is an excellent alternative method. This is where a mediator steps in to facilitate communication between both spouses and tries to figure out what is most important to each individual. They will be able to identify obstacles and offer alternative solutions without needing to step foot into the courtroom. Many couples appreciate mediation as a faster way to reach a resolution and the privacy it offers.
- Collaborative divorce. If couples want help from other professionals in addition to a mediator, then a collaborative divorce can be another viable option. For example, a financial advisor might step in to assess a complex asset division dispute and see how they can remedy the situation. Similar to mediation, the couple still gets to resolve their disputes without litigation and court.
- Court litigation. Sometimes it is not possible for a couple to figure out their issues without a formal fight in court. During a trial, both parting spouses will have the chance to present their arguments and evidence to a judge who will make the final decision. This is the most expensive route to take but can save you a ton of money in the long run depending on the type of agreement you leave with after court.
Every divorce is different, so it’s recommended that you connect with a divorce attorney to discuss your case and see which resolution route they believe would work. The key is to explore all the different paths available to make sure you are advancing your divorce case on the most favorable foot.
The Role of a Family Law Attorney in Divorce Cases
A family law attorney is your ally in navigating the legal system during a divorce. Some key functions of their role in a divorce case include:
- Negotiation and mediation. Family lawyers are artful communicators. They are skilled in facilitating discussions around complicated and emotionally charged conversations. By being an active listener and interjecting with advice throughout the process, attorneys can help deliver an equitable settlement to both parties.
- Preparation and filing of legal documents. Many couples who enter a divorce are surprised by the number of documents that need to be completed and legally filed. From petitions to financial closures and settlement agreements, an attorney can always keep a close eye on the compliance of each divorce document.
- Court representation. It would be really difficult to advance through a court proceeding without an attorney. They take the time to present well-structured arguments with relevant evidence to support their client’s position. They are also prepared to answer any incoming questions and make sure the client’s interests are being protected at all costs.
- Emotional support and guidance. Because emotions run high throughout the entire divorce, a family law attorney can help alleviate a ton of the traditional burdens to give you time to handle your emotions. In addition, a family law attorney can always be around to offer a compassionate ear and offer practical advice to protect your rights.
Family lawyers support more than just divorce proceedings. They can also provide counsel during the start of someone’s marriage, for example, by helping construct a prenuptial agreement or helping a new couple to adopt. Many people consider family lawyers to be trusted advisors who will step in no matter what legal curve balls are thrown your way.
Newton Divorce FAQs
Q: How Much Money Does a Divorce Lawyer Cost?
A: There is no universal price to hiring a divorce lawyer. A ton of different factors from your situation will influence the final price tag. From the attorney’s side, their years of experience and whether their office is in the city or in a more rural area will make a difference in price. The level of complexity in your case and how long it takes to resolve will also influence how much you end up paying. It’s highly advised to discuss the fee structure with any attorney before hiring them to make sure it’s something you can afford.
Q: Is North Carolina a 50-50 Divorce State?
A: No, it is not a 50-50 state in the way that many residents might think. When a court makes a final ruling on how the marital property will be split, it is decided through the lens of fairness over an even mathematical divide. This is called equitable distribution. For example, one spouse may have a significantly higher earning potential than the other spouse. This may influence a court’s decision to leave certain assets with the lower-salaried spouse to ensure they can maintain a similar lifestyle until they can get back on their feet.
Q: Do I Need an Attorney to Get a Divorce?
A: It is not mandated that you have an attorney in court, but most people do hire one. This is because they don’t have the legal knowledge to help them achieve the outcome they want. This is especially true with complicated child support or property division disputes. After hiring an attorney, they can take the time to fully understand your case as if it was their own and make sure you are protected. If you make the decision to represent yourself, then be prepared to be responsible for all legal procedures and deadlines to make sure your case is compliant.
Q: How Much Does It Cost to File for a Divorce?
A: To make a divorce official, there is a filing fee that averages $225 in the state. It covers the process of initiating the divorce with the court. Other expenses will be added on top of this, such as attorney or mediation fees. The final sum largely depends on how much time is spent on the case and how much disagreement there is between both parties to resolve. If you are limited on funds, present your budget during an initial consultation with an attorney. They will be honest about how much the fees could add up to and if they are comfortable advancing with your top budget in mind.
Contact Helton, Cody & Associates Attorneys Today
If you are ready to advance with a divorce in Newton today, contact the experienced family law attorneys at Helton, Cody & Associates. We are always here to help make divorce cases as painless as possible. We are committed to helping each family solve their contentious issues. If you are ready, contact us today. We look forward to pursuing the most favorable outcome for your case.