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Lincolnton North Carolina Legal Blog

Lack of arguments can lead to divorce

Divorce is complex. Many people point to issues like constant fighting and arguing, claiming that they lead to divorce. And they certainly can. However, the truth is that just the opposite can also lead to the same outcome.

There's a risk to never arguing with your spouse. It may predict the end of your marriage. It may show you that things have reached a point where they are not likely to turn around.

Why is the start of the year ideal for estate planning?

Now that the new year is here, people are trying to find ways that they can make improvements to better themselves. Making sure that your estate plan is in order can help with this by providing you with the peace of knowing that if something happens to you, your loved ones have a solid plan to follow.

Even if you have an estate plan, the start of the new year is a great time to review the contents and provisions to ensure that they accurately reflect what you want to happen when the plan comes into play. There are several things that you must consider whether you are updating or creating the estate plan.

Most companies that do screening consider criminal records

You're facing criminal charges in North Carolina. If convicted, it's going to go on your permanent record.

You're not even through the case yet, but you're already thinking about the future. Is this going to be a black mark on your record that you can never shake? Is it going to make it impossible for you to get a job? Even if you serve your time and pay your fines, are you going to find that your conviction stays with you for the rest of your life?

Divorce mediation is often preferred over a trial

Divorce cases can be handled through either mediation or litigation. The decision about which one of these to pursue is a difficult one for some people. There are several reasons why mediation is a better option for most people. These don't apply to cases that involve domestic violence or a narcissistic party because those cases are usually impossible to mediate.

One of the primary reasons to mediate is because you can get things handled faster. This gives you a chance to move on toward a more stable life. Not only can you benefit from this, but your children can also benefit. Going through litigation usually takes longer because you have to prepare for the trial, and you have to wait for a spot to open on the docket. This can take a while, depending on how congested it is at the time. It is also usually less expensive to go through mediation since you don't have the intense preparation or trial to go through.

Programming more time with the kids into your parenting plan

Like most North Carolina parents, you want to spend as much time as possible with your children. Now that you and your spouse are planning to go your separate ways, you want to make sure that you do what you can to get it.

As part of the child custody portion of the divorce proceedings, you and the other parent decide to work together to create a parenting plan tailored for your family. While you negotiate a parenting time schedule as part of your plan, there may be a way to give you extra time with your children.

Be careful if you consider dating during a divorce

There are a lot of things that happen when you decide that you are going to divorce your spouse. Once the petition is filed, you might decide to move on with your life. During this time, you might meet someone with whom you share a romantic connection. Unless the divorce is finalized, you have to be very careful at this point.

For some individuals, such as those who have children, dating during a divorce might cause more headaches than they realize. This is because the court might look into how the dating parent's behavior is impacting the children. The court must consider the best interests of the children when they are making decisions about the case. Dating could lead to adverse custody decisions.

4 things to leave out of your will

When you create your estate plan, you need to ensure that you are only putting in things that belong here. There are some assets that you shouldn't include in the will because they are either covered by something else or because they don't have a place here.

Don't include anything that is included in trusts. These assets will be handled solely based on the terms of the trust. Including them in the will can lead to confusion and might even lengthen out the probate process for your loved one, which can cost them money.

The end of marriage usually starts slowly

The period that leads up to a divorce is often a very emotional time. Some spouses don't notice the toll that the situation is taking on each other until it is too late. There are quite a few common things that happen before a marriage ends that you can watch for in your marriage.

If you are having a rough time in your marriage, these are signs that you need to work on things. Failing to do so might lead to you heading toward divorce court.

  • You can't come to agreements on important matters. While you might disagree on small things, such as where to put the sugar bowl, disagreeing on larger things like what school the children should attend can signal a big problem. Being unwilling to try to work things out, which often leads to withdrawing, can lead to disaster.
  • You avoid conflict for fear of being single. You don't want to be alone so you conform to whatever your spouse wants. You lose your sense of self, which can't last forever. Once you realize what's happening, you will likely be ready to walk away.
  • You aren't willing to let your partner know your feelings. Communication is a big part of marital success. If you feel you can't let your spouse know how you feel, the situation might be hopeless. Some individuals might only show their anger or discontent to their partner, which is a sign that things are over.

Cellphone location data reports aren't always accurate

Some criminal cases drill down to being able to prove where you were at the time of the crime. Police officers sometimes rely on the location data from cellphones, but a fairly recent study shows that this data might not be an accurate representation of where you were.

When it comes to cell-site location information, which is the pings from cellphone towers, police officers don't have free range over the information like they once had. The Supreme Court ruled that they now need a warrant to obtain the reports. Even if they get them, you might be able to dispute the data in court.

Your home, your divorce and your financial future

The end of your marriage will mark the beginning of many new changes and transitions in your life. There will be financial changes and adjustments in how much time you spend with your kids. You may also have to find a new place to live or get used to living in your home without your spouse. This is a complex process, and choices you make during divorce will impact you for years to come. 

What happens to the family home is one of the most important and complex legal issues you will have to address during your divorce. While moving may not seem like a good choice, you may not be able to stay where you are. How can you make choices that will lay the foundation for a strong future and provide you and your children with stability for years to come?

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Lincolnton, NC 28092

Phone: 704-666-1210
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