Divorce represents a complex legal and emotional challenge, particularly for men in Raleigh, North Carolina, who find themselves navigating this difficult journey. The divorce process can be a legal battle over child custody, financial stability, and asset division, but can also bring significant emotional and mental burdens.
Such challenges often intensify as the divorce proceedings unfold, leading to heightened stress and a sense of isolation for many men involved. For men facing the prospect of divorce in North Carolina, consulting with a divorce attorney is a strategic move toward navigating the legal challenges efficiently.
Obtaining professional support not only addresses the legal dimensions of divorce but also aids in mitigating the emotional and mental strain often associated with such proceedings. With the right legal guidance, men can work towards achieving a fair resolution, setting the stage for a more stable and positive future post-divorce.
The Cordell & Cordell law office is here for you during this difficult time. Our compassionate and understanding divorce attorneys know just what you are going through and can help you pursue solutions to your domestic legal issues.
Raleigh, North Carolina Divorce Process
The divorce process involves five issues a couple needs to address when they move forward with the ending of their marriage.
However, the first four issues in this list can be resolved by a separation agreement, consent order, or by going to trial where a judge will resolve the issue(s).
In North Carolina, a divorce is a separate claim from custody, child support, alimony, and property division. State law stipulates you and your spouse must be separated for one year prior to initiating the divorce process. Once this criteria is met, the divorce claim is typically the easiest to resolve.
Why Choose a Collaborative Divorce?
Collaborative divorces empower you to keep control of the decisions you and your spouse make, keeping the divorce process away from a courtroom. You and your spouse know your family, its history, and its needs. A judge will only have a limited scope and need to make a decision based upon what they hear in court.
Equitable Distribution of Marital Property for Men in a Raleigh, NC Divorce
North Carolina is not a community property state, it is what’s called an equitable distribution state. This means your marital assets are split fairly, which may not necessarily be 50/50. Courts will look at several factors:
- Income and property each spouse has
- Length of the marriage
- Child custody (to take possession or live in the marital residence)
- Contributions, financial or otherwise, made to the household
- Retirement accounts (e.g., one spouse has one, the other does not because they were taking care of children)
This is not a comprehensive list of factors a judge will consider, but it is a good general overview of the types of items a court will look at when determining what is equitable distribution.
The Role of Paternity Testing in Divorce Cases
Obtaining paternity testing in your Raleigh divorce can be advantageous. Establishing paternity is beneficial because it:
- Ensures your legal rights
- Secures certain rights and privileges for your kids (e.g., inheritance, father’s healthcare benefits, life insurance benefits, and other benefits, such as VA and Social Security)
- Provides children access to paternal family health history
Additionally, once you are legally established as the father of your children, you can file for custody and ask for child support to help you take care of your kids.
Insights on Child Custody and Support for Fathers
As a man, you might think you stand less of a chance of receiving custody of your child. Years ago, that might have been the case, but today both fathers and mothers have equal rights to custody under North Carolina law.
Legal Parents
If there is no custody order, both legal parents have equal rights to their children. “Legal parents” is defined as individuals officially recognized as parents by:
- Being listed on a child’s birth certificate
- Having a court order such as a child support or adoption order
- Obtaining an affidavit of parentage
Non-parents who do not possess a custody order are much more limited because legal parents generally have custody rights to their children. If the parents cannot come to an agreement, a North Carolina judge will likely decide based on what they believe is in the best interest of the child.
Custodial Parents’ Rights
If you have custody of your child, you can seek child support payments. When determining the amount of child support, a judge will look at the income of both parents, along with other factors, before tendering a decision.
Dealing with False Allegations in Raleigh Divorces
Marital misconduct might impact various aspects of your divorce. In some cases, there is merit behind allegations, but what happens if there is none? Divorce often leads to anger, and if it gets the best of them, people may lie to either a) “get back” at their spouse or b) to sway things to go their way. This can be difficult for the victimized spouse to deal with when trying to simply get through the divorce process.
For instance, substance abuse or domestic violence allegations, even if false, could affect your ability to be granted child custody since a judge will make decisions based on what they believe is in the best interests of the child. If the court deems a parent as unfit, custody will go to the other parent if they believe the allegations. Working with skilled family lawyers can help combat any allegations your former partner makes against you.
Spousal Support Can Be For Men
Spousal support, also called alimony in North Carolina, is not solely reserved for women. A judge may opt to award a man spousal support. Alimony is awarded as a way to provide financial assistance to a dependent spouse.
Usually, the spouse either makes less money or does not have financial resources because they took care of the home while the other spouse worked. Other factors may apply as well. It is important to discuss alimony with the attorney providing you with legal services.
Why Work With Cordell & Cordell
Cordell & Cordell firmly believes in equality when it comes to family law matters. Our divorce attorneys have years of experience, seeing firsthand how men often face biases and stereotypes when dealing with child custody cases and domestic issues. Unfortunately, they often are not treated equally.
Clients who choose to work with Cordell & Cordell can count on our attorneys aggressively advocating for them and fighting for equal treatment in divorce settlement negotiations. The attorney-client relationship is important to us, and our experienced family law attorneys will not hesitate to take your case to court if necessary.
“[My attorney] was very responsive. [He] took the time to explain things to me. I don’t know what half the firm policies are or what the legal processes are, but [he] always explained those to me [and] gave what amounted to be sound legal advice. [He] offered a strategy that made sense and worked and was better than what I could come up with on my own.” — Adam S.
“You all have exceeded my expectations. Despite the situation, it’s been a good experience so far.” — William K.
Additional Resources
Plan Your Future. Start the Divorce Process Now.
Cordell & Cordell has been championing the rights of men since 1990. Our compassionate Raleigh divorce lawyers understand the challenges husbands and fathers face during the divorce process. As experienced attorneys with various family law practice areas, we will advocate and stand up for your rights during this difficult time.
To schedule a consultation with a member of our legal team, contact our Raleigh divorce law firm at 866-DADS-LAW (323-7529) or fill out our online contact form.
