Reasons That Couples Get Divorced

Reasons That Couples Get Divorced

Reasons That Couples Get Divorced

There are many factors that may contribute to divorces in North Carolina. One of the leading causes of divorce is infidelity. While some couples are able to overcome cheating, others may not be able to do so. Some marriages may disintegrate after a single instance of cheating while others may be able to move past multiple instances.

Money problems also are a leading cause of divorce. In addition to stress over finances, people who have incompatible spending styles may also have problems.

When one spouse has issues with addictions, it may lead the other spouse to call it quits. Some spouses simply have incompatible personalities or belief structures, leading them to get divorced. Unfortunately, extraordinary circumstances such as the deaths of children or diagnoses of terminal illnesses may lead couples to crumble under the stress. When couples end up having differences that simply cannot be reconciled, some choose to get divorced instead of remaining in unhappy marriages.

Most couples do not get married while planning to get divorced. Unfortunately, couples can grow apart because of the circumstances that they might face during their marriages. When people want to get divorced, they might benefit by meeting with counselors and financial planners. If the marriages cannot be saved, they might want to talk to experienced divorce lawyers. Divorce attorneys may work to help their clients dissolve their marriages in a smooth and amicable manner. They may also advocate for their clients in efforts to obtain the most favorable resolutions to their divorce legal issues. The attorneys may advise their clients about tax issues and financial matters so that their clients can move forward once their divorces are final.

The Benefit Of A Prenuptial Agreement

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Before getting married, soon-to-be spouses in Charlotte might want to consider the benefits of getting a prenuptial agreement. Despite its negative reputation, a prenup can actually open the lines of communication for a couple. For a prenup to be valid, both people must get legal counsel, and neither may conceal any financial assets.

 

A prenup can be particularly important for someone who owns a business, has a blended family or is getting married for the second time. The documents can protect the business from the other partner if the couple gets divorced. It can also protect any other assets either person is bringing into the marriage. Furthermore, the prenup may specify that neither spouse is responsible for the debts of the other spouse if the two get a divorce.

 

Some couples may be concerned about alimony if one makes more money than the other. However, the prenup can address this as well. This might be particularly important if one spouse has been the stay-at-home parent. Since it can be difficult to reenter the workforce after years away, the parent may want assurance that spousal support will be available.

 

A prenuptial agreement is not airtight. One partner may challenge the documents if they were rushed into or seem unfair. That’s why it’s important to work with a lawyer before signing a prenuptial agreement. Legal counsel could make sure that the terms of the prenup will stand up in court. Ultimately, a thoroughly negotiated prenup could be advantageous to both parties in a divorce.

DWI’s Affect Child Custody Cases?

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Getting charged with driving while impaired (“DWI/DUI”) in North Carolina is a serious enough matter on its own—you face potential temporary license revocation and suspension, and if convicted, an even longer suspension and probation or even jail time. As explained here, DWI sentencing requires the determination of aggravating and mitigating factors which will ultimately determine what sentencing “level” you are. This in turn will dictate what type of sentence you can receive. DWI charges and family law can intersect in a number of different ways. One extreme example is if you have a child under the age of 18 in the vehicle with you at the time of the alleged offense. Not only does having a minor in the car with you count as its own aggravating factor for the criminal side of things, thereby potentially exposing you to a more severe sentence—but doing so can also have disastrous effects on your child custody case.

Like many states, North Carolina uses the “best interests of the child” standard in determining how to award custody, be it temporary at the beginning of a separation or divorce, or more permanent.

In analyzing this, the courts can look to factors such as the parents’ respective home lives and surrounding environments and any alcohol or drug abuse by a parent. It’s important to remember that because family law uses a much lower burden of proof than in criminal court, this means if you are just charged with a DWI, a family court judge can consider this as evidence against you in making a custody determination. Courts will generally consider driving arrests related to drug or alcohol use as indicative of reckless behavior and poor judgment.

The family law court will also weigh the full situation surrounding the DWI arrest or conviction—how long ago it was, how high your blood alcohol level was, if you have other indicators of drug or alcohol abuse, and if there were minors in the vehicle at the time—whether those minors are the child(ren) involved in your custody case or not. It is incredibly important to have the immediate assistance of an experienced family law attorney as well as a skilled criminal law attorney to tackle these issues alongside each other and protect your rights.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Can Online Dating Lower Divorce Rates

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Online dating may result in lower divorce rates

Many residents of North Carolina have used or continue to use online dating apps in order to find their partners. While these apps have a reputation for adding to the hook-up culture, a study shows that they may actually positively affect marriages.

According to researchers at the University of Essex and the University of Vienna, married couples who met through online dating apps are less likely to end their relationships than are people who met through traditional means. In a study of 19,131 couples who met online and married, only 7 percent got divorced as compared to the U.S. divorce rate of 40 to 50 percent.

The researchers found that online dating opens people up to a much more diverse dating pool and may increase the number of interracial marriages. This may lead to a decrease in racism and a move toward increased multiculturalism. Nielsen reports that 30 million Americans visit online dating sites at least once each month. The researchers believe that part of the reason that online dating may lead to lower divorce rates is the algorithms that are used by online dating sites. They also believe part can be attributed to the fact that people who visit these sites may be ready to get married.

Online dating has greatly expanded the possibility of meeting potential partners. When people want to get married, they might want to take steps to protect themselves, however. Prenuptial agreements may help to protect their financial interests in the event that their marriages end in divorce, and they might also help to define the responsibilities of each partner in the marriages. Experienced family law attorneys may help clients with these types of matters.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Tips For Preparing For Divorce

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People in Charlotte who are considering divorce may want to first spend some time thinking about whether they are making the right choice. Doing research into state law around divorce may help with making the decision. People should also think about their personal and financial goals and how the divorce will affect them.

It is important to get organized. This means collecting documents on assets such as retirement accounts and investments as well as mortgage paperwork, bank statements and tax returns. People should also make a budget for life after the divorce to help with some of the decision-making involving property division. For example, people may want to consider whether they can afford to keep the marital home. Individuals should get copies of their credit reports and close any joint accounts. They should also think about what professionals they may need to hire, such as an attorney and a financial adviser.

If there are children, their needs should be put first. Any decisions about custody should be made with the best interests of the children in mind. Parents may decide that a 50/50 custody arrangement suits them best, or there may be a different arrangement that works better for them. Former spouses should not neglect to make time for and take care of themselves throughout this process.

This preparation may help a person get ready for a divorce, but he or she will also need to talk their spouse and an attorney. They may be able to negotiate an agreement for child custody and property division, or they might have to go to court. People may want share their post-divorce goals with their attorney to help them stay focused on what they want to fight for and what they are willing to let go of during negotiations over property division.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Losing My License For Speeding

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As a driver, you do your best to follow the rules of the road at all times. However, there may come a time when you find yourself breaking the law, even if you aren’t doing so on purpose.

Eyewitnesses say that the man became involved in a physical altercation with at least two other individuals after being denied service in the restaurant. The scuffle took place in the facility’s parking lot, according to media accounts. The man then allegedly entered his SUV and maneuvered it so that he could strike the restaurant with significant force. Some onlookers say that the vehicle was traveling at around 40 mph.

Images taken shortly after the crash show that the SUV came to a rest inside the sports bar area near some pool tables. Reports indicate that a restaurant employee detained the man and protected him from several angry patrons until police arrived. Police say that no restaurant patrons or workers suffered serious injuries.

In many cases, drunk driving charges can lead to severe consequences. However, all alleged offenders are afforded access to legal counsel. A criminal defense attorneys may encourage leniency by reminding prosecutors that trials are expensive and juries always introduce an element of uncertainty.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

WHY CONSIDER

A PRENUP AND POSTNUP AGREEMENT

It Takes The Concern Of Money And Property Out Of  Your Marriage

When Entrepreneurs Get A Divorce

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The process of property division in a divorce could be complicated for entrepreneurs in Charlotte. Tech startup founders might invest so much time in building the startup that the marriage suffers, leading to divorce. The startup could be worth a considerable amount of money, and the other spouse could be entitled to take some of it.

This is generally the case in community property states if the couple does not have a prenuptial agreement. A community property state calls for the equal division of all marital property, and this is usually all the assets acquired since the marriage. The appreciation of a company that occurs during the marriage will often be counted as marital property, even in states like North Carolina that follow the principle of equitable distribution. In one case, two entrepreneurs both had startups, but one failed. However, one spouse still got half of the proceeds from the sale of the other spouse’s startup. The spouse who had to pay half of his fortune in the divorce cautioned against people holding onto their money and remaining in an unhappy marriage. He pointed out that a person with $100 million would still keep $50 million in a divorce.

The division of property may become more complicated if the startup has not yet gone public or been sold. Prior to this point, it can be hard to determine the company’s value.

Since North Carolina is not a community property state, a divorce may play out a little differently although a spouse is still supposed to get an equitable amount of marital property. One spouse might have a claim on a portion of the other spouse’s business. In a high-asset divorce, one spouse might have earned significantly more than the other. Many couples in this situation seek to negotiate an appropriate settlement with the aid of their respective attorneys.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Money Transferred From A Joint Account

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What to do if money is transferred from a joint account

If North Carolina couples have money in a joint bank account, that money may be considered marital property. Therefore, if a spouse moved funds from that account into a CD or other type of account in his or her name only, it may not change the nature of that money. It may also be important to ask the bank to verify where the money was actually moved to.

One man’s spouse claimed that she transferred money from a joint account to a CD that was returning $1,000 every two months. While that sounds great on the surface, that is a return that is three times higher than the national average. Since money generally can’t be taken out of a CD for several months, it provided her with an excuse as to why she couldn’t return the cash in a timely manner. It is important to consider that such a move may be made to protect a family’s finances as opposed to being sinister.

Such protection may be necessary if one spouse has problems spending too much or with making profitable investments. Those who find that money has been transferred to another account may want to consult with the person who made that transaction. Doing so may allow both parties to get on the same page when it comes to managing their money and their relationship as a whole.

In some cases, assets are transferred in the hopes that it may influence how they are divided in a divorce. However, this may not necessarily change how they are treated in a final divorce settlement or change the structure of the overall settlement. Those who have questions about asset division or other issues related to a divorce may benefit from seeking advice from an attorney.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Trusts And Adult Children

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Some estate holders in North Carolina may have concerns about leaving assets to their adult children. Individuals who lack financial maturity and are bequeathed assets outright may squander an inheritance. In such a situation, setting up a trust may be a wise move.

Parents should not use their children’s age as an indicator of financial sophistication. If the goal is to ensure that the family’s wealth will last for multiple generations, it may be prudent to have the wealth professionally managed. While adult children may see the wisdom of hiring a professional advisor to manage an inheritance, it is not guaranteed that the beneficiary will make the right choice regarding a financial advisor or money manager.

One of the features of a trust that may appeal to parents is that it allows for rules that specify how distributions are to be made. For example, distributions can be issued on an annual basis and consist of only a portion of the trust’s value. Parents may also opt to give the trustee the power to determine how and when the distribution should be handled.

Furthermore, trusts may be set up so that the distributions can be stopped. If a trustee determines that a beneficiary who is involved with gambling or illicit drugs would be best served by not having access to the funds, the distributions can be paused and then resumed when it is in the beneficiary’s best interests again.

Many issues regarding trusts and inheritances come up in high-asset divorces. An attorney may help a client ensure that the assets placed in a trust are not subject to property division during a divorce.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Tips For Protecting Finances In A Divorce

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Tips for protecting finances in a divorce

When Charlotte couples are getting a divorce, they might need to take steps to protect their finances. If a person is leaving an abusive relationship, there may be extra steps such as securing any valuables. Even in non-abusive relationships, people should document valuables by getting copies of information on accounts and photographing any valuable objects.

People who do not have an income at the time of the divorce will also need to take certain steps. For example, they may need to get job training. They should familiarize themselves with household finances and understand what pension and retirement accounts are worth.

People might want to close any joint accounts, including credit card accounts, and open individual ones. Another consideration for some people might be saving up several months’ worth of expenses before filing. People should avoid using credit cards at this point and might look into credit reports for both spouses. One spouse may have accounts open the other does not know about, and these may appear on the credit report. Getting a post office box might be a good idea in some cases so people can have financial or other sensitive information sent to them without the spouse finding out.

In a high-asset divorce, there may be additional issues. The couple may own complex investments, and one or both might own a business. Certain assets, such as collections that must be appraised, could introduce complications if each person’s team offers significantly different appraisals. Businesses may need to be valuated as well and might need to be sold, or one person may need to buy out the other. There could be attempts to conceal assets using offshore accounts and shell companies or simply under-reporting income like bonuses.