Adkins Law is located in Huntersville NC and offers a range of legal services including family law matters such as divorce, child custody, child support, alimony, spousal support, and dividing marital assets and debts. Contact Adkins Law to speak with an experienced Huntersville divorce attorney about your family law matter. One of our Huntersville divorce lawyers will arrange a family law consultation with you to discuss your strategies and options moving forward. By Elspeth Crawford Getting divorced and looking to save money? For a lot of people, the first thought that comes to mind that you might be able to save a few bucks by hiring one divorce lawyer for both you and your partner. It's not unheard of, but buyer be warned. An attorney is supposed to be your advocate, and sharing him with your ex might compromise the attorney's ability to perform that role. Here's what I mean. Let's say you and your partner have joint ownership of a car. As you're going through the divorce process, you will need to decide who will take full ownership of the car. Even if you both aspire to be as cooperative as possible, this is a zero sum game, and as a result, your interests are adverse to your partner. In this case, who will the attorney side with? If he sides with you, your partner will feel like he/she isn't getting the full benefit of the attorney fees that he's paying. If he sides with your partner, you will feel like you're not getting the full benefit of the attorney fees that you're paying. No matter how you toss the dice, someone is going to feel slighted. And the potential damage of this arrangement is not limited to you and your partner. Your attorney may also pay the price. Attorneys are required, by law, to avoid conflicts of interest. This is a rule that was set in place in order to protect you - the client. But if you, the client, ask your attorney to represent both yourself and your partner, you put your attorney in a very difficult position. If the state bar association finds out about it, your attorney could be punished. He or she may be forced to pay a steep fine, or even worse, lose his or her license to practice law. For all of these reasons, you and your partner should have separate attorneys. Sure, you could save a few dollars in attorney fees by hiring the same person, but if the underlying service doesn't live up to the price tag, is it worth it? More to the point, there are other ways that you can reduce the cost of divorce. For example, you and your partner can have a prenuptial agreement - this way, all of the contingencies will be worked through while tempers are calm. Also, you can practice the age old art of compromise. Finally, you can search for an attorney who is known for very affordable fees. In short, there are many ways to save money on divorce, and most of them don't involve compromising the quality of the services that you're paying for. If you need to speak with an experienced Huntersville alimony attorney, contact Adkins Law. One of our Huntersville alimony lawyer will arrange a family law consultation with you to discuss your strategies and options moving forward. Contact Adkins Law to speak with an experienced Huntersville divorce attorney about your family law matter. One of our Huntersville divorce lawyers will arrange a family law consultation with you to discuss your strategies and options moving forward. What is a separation agreement in North Carolina? A separation agreement is a contract between a husband and a wife, which specifies the terms upon when they will live apart. Typically, a separation agreement governs issues such as the division of property, alimony, child custody, and child support. In North Carolina, the parties are free to arrange and negotiate the terms of the agreement as they see fit. What makes a separation agreement valid? In North Carolina, a husband and wife do not need the approval of a judge to make a separation agreement valid. Many states do require this. Instead, as long as both parties agree to the terms, sign the contract, and it is notarized, the separation agreement is valid and enforceable by breach of contract. What is the benefit of entering into a separation agreement? A separation agreement determines the issues surrounding divorce much faster, less expensive, more privately, and with a whole lot less stress than litigation. That’s exactly why the majority of married couples choose to end their marriage by way of separation agreement as opposed to litigation. Additionally, it gives the parties more control over the terms of their separation than leaving these decisions to the discretion of a judge. What happens if a party violates a separation agreement? A separation agreement is a contract, just like any other contract. It is enforceable by bringing a lawsuit for breach of contract. When bringing such an action the court may order specific performance of the contract, an award of monetary damages, and attorney fees for having to bring the action. Do I need a separation agreement and how do I go about getting one? The first step would be to schedule a consultation with a family law attorney. A family law attorney will be able to advise you as to whether you need to have a separation agreement drafted. If you do need a separation agreement drafted, a family law attorney will be able to draft this for you upon collecting information regarding your marriage, finances, and children. If you need to speak to a Huntersville family law lawyer regarding divorce and separation agreements, contact Adkins Law. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Mecklenburg County, and the Lake Norman area. Take a look at the December 2014 issue of Huntersville Magazine featuring Adkins Law PLLC. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a divorce attorney, traffic attorney, or estate planning attorney, contact Adkins Law PLLC. If you know you are in a dead relationship and are planning to get a divorce, there are a number of things you need to understand and plan for. Under North Carolina law, to get a divorce, you are required to live separate and apart for a year and a day. This separation period must be continuous and requires that the parties live in different residences. Additionally, at least one party must have lived in the state for at least six months prior to filing for the divorce. Before filing for divorce, however, it is extremely important that the parties have divided up their property and determined any potential alimony. Any claim for equitable distribution, or property division, must be made prior to the divorce being finalized or a court will have no authority to divide the property. The same is true for alimony. If a claim for alimony is not made before a divorce is finalized, no claim for alimony may be made in the future. A court would not have the authority to enter such an order. For this reason, it is very common for parties to enter into a separation agreement before they are divorced. Most commonly, a separation agreement covers property division and alimony. Separation agreements may also discuss child custody and child support. For most parties, its beneficial to enter into a separation agreement because it saves them money (no drawn out attorney and litigation expenses) and gives them more control over what is in the agreement (the parties determine the terms of the agreement, not a judge). If you are considering a divorce, it is highly recommended that you seek a consultation with a divorce attorney. Whether you decide to use an attorney or handle your own case, a consultation with a divorce attorney can at least give you information on your rights and what direction you need to take. If you would like to schedule a consultation with a divorce attorney, contact Adkins Law. Adkins Law is located in Huntersville NC and serves Mecklenburg County and the Lake Norman area. |
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