The divorce process is a combination of difficulties on every level of your life. Emotionally, you are dealing with the end of your marriage and the prospect of an uncertain future. Legally, you must navigate all the issues that accompany a divorce, trying to agree with someone who you are divorcing.
Divorce can be a traumatic life event, as you are losing something significant. You are already dealing with enough during the divorce process. Life changes can be particularly, even if you were not in the middle of numerous legal issues. You do not have to handle the legal process on your own, nor should you even try.
A skilled attorney at Davis Curry Law can represent you from the very beginning of the divorce process until the end. We provide you with sensible advice, while we act to protect your interest.
We work with clients:
- To help protect you in the event of a future divorce
- During the divorce process itself, as you legally seek to bring your marriage to an end
- After the divorce, if there are any potential modifications to child custody agreements or orders
You can count on us to handle your case with sensitivity, while at the same time preparing to fight vigorously on your behalf when it is necessary.
Services Our Hendersonville Divorce Attorney Provides
Prenuptial and postnuptial agreements
Both spouses can protect themselves from some of the risks of a divorce before they even get married through a prenuptial agreement. This agreement would lay out the financial terms of a divorce in advance, both specifying a division of marital assets and potentially excluding some assets from the marital property. Each future spouse needs their own attorney, and the negotiations must be handled delicately.
Postnuptial agreements are even more sensitive. For whatever reason, a couple may feel the need for a similar type of agreement after they have been married.
Davis Curry Law can negotiate on your behalf, and can draft and review the language of your prenuptial or postnuptial agreement.
When a couple gets divorced, the marital assets must be divided between them. North Carolina is an equitable distribution state. However, equitable does not always mean equal (even though it would mean a 50-50 split of the assets in some cases). The court would apply a list of factors to determine which spouse gets what assets if the two spouses cannot come to an agreement on their own.
We can negotiate a property division agreement, or we can argue to the court why you deserve a certain percentage of the assets.
Child custody issues
When there are children involved, it can greatly complicate the divorce. Each parent may have their own idea about which arrangement works best for the children. They may also want the children to be raised in a certain way.
It is not always easy to work out a custody agreement with the other parent. It requires extensive negotiation and compromise. We can communicate on your behalf with the other parent’s attorney or argue to the court why your position is the one that is in the best interests of the child.
Child custody modifications
Any custody agreement or order from the court may be subject to change in the future. First, a parent would need to show the following:
- There has been a substantial and material change in circumstances
- The modification being sought is in the best interests of the children
Any modification to the child custody order should be in writing and go through the court. The parents could negotiate a modification on their own, or one can file a motion in family court. Modifications have a significant impact on both the children and your parental rights. If you are a father fighting to either establish your paternal rights or terminate them, you should also have an attorney representing you throughout the process.
How Davis Curry Law Helps with the Divorce Process
In North Carolina, a spouse can file for a divorce when they have been separated for at least a year and one day. Separated means that the spouses are not living in the same home, and at least one of the two spouses intends for the separation to be permanent.
The spouses can negotiate a separation agreement prior to the time when one files for divorce, although it is not a requirement. If there is a separation agreement, a spouse will file for divorce, and it will be uncontested. The separation agreement will address issues such as:
- Distribution of marital assets
- Child custody arrangements and agreements for how the children are to be raised
If there is no agreement, or certain issues are still in dispute, the divorce would then be contested. After a litigation process and a hearing in front of a judge, the court would decide your case.
Your first step in the divorce process is to contact an experienced attorney to discuss your case. We are not going to sugarcoat it — divorce can be a challenging process, both emotionally and legally.
You need to be prepared for what you are facing and can strategize about how to obtain the best outcome. Given the potential for conflict, you need an attorney to help keep you on an even keel and give you the most peace of mind possible in this difficult time.
At Davis Curry Law, divorce attorney Matthew Davis is a compassionate lawyer who is dedicated to protecting your legal rights. He works with military couples and LGBTQ+ couples going through the divorce process. We help our clients by providing realistic and commonsense advice to guide them throughout the divorce. We recognize that you are going through a difficult time, and we do everything within our power to make your life easier.
While you cannot control the divorce process, you do control the attorney that you hire. You want to know that your divorce attorney is approachable, adaptable and is here to listen attentively to you and your concerns. That is what we pride ourselves on at Davis Curry Law.
Contact us online or call us at 828-900-2420 to start the process.