Is it better to file for divorce first in North Carolina? It’s a question that weighs heavily on the minds of many individuals considering this life-changing decision. Filing first can offer certain advantages—but it also comes with potential risks, including the chance of missteps that could complicate the process.
In this blog, we’ll explore the pros and cons of filing for divorce first in North Carolina. You’ll learn about common pitfalls to avoid and gain insights to help you navigate this significant legal step with confidence. Armed with the right information, you can make choices that protect your best interests and set the stage for a smoother transition.
The Legal Implications of Filing First
In North Carolina, the legal process of divorce begins when one spouse files a Complaint for Divorce and/or a Complaint for Equitable Distribution, Alimony or Child Custody with the court, officially initiating the proceedings. Eligibility for filing is dependent on the two spouses living in separate homes for at least a year and a day with at least one spouse proving residency in North Carolina for at least six months. However, you can file a Complaint to handle your property concerns, alimony issues, or child custody matter sooner.
Filing first can offer several advantages, including greater control over the timeline and the ability to set a legal strategy. By filing first, the initiating spouse may be able to influence the timing of hearings, the division of property, and the overall course of the case.
However, it’s important to note that filing first does not guarantee a better outcome. While it can provide an opportunity to set the tone for the case, the final result will still depend on multiple factors, including the specifics of the situation and the negotiations that follow.
When Filing First Might Be Beneficial
Filing first can be a strategic decision when the situation involves urgent financial matters or immediate child custody concerns. For example, if one spouse is concerned about the concealment of assets or the potential for the other spouse to relocate with the children, filing first can provide a legal safeguard. It allows the initiating spouse to request temporary orders for asset protection or custody arrangements, ensuring that these critical issues are addressed promptly.
Common Mistakes to Avoid When Filing for Divorce First
Below are some of the most common mistakes people make during the divorce filing process. Read on to avoid these common pitfalls, ensuring you and your family are protected.
#1: Failing to Gather Financial Documentation
Failing to gather financial documentation before filing for divorce can significantly hurt your case. It’s crucial to prepare records detailing your assets, debts, and income. Incomplete or missing documents can lead to an unfair division of property, delays in the proceedings, or a weaker position during negotiations.
#2: Rushing the Process Without Proper Legal Advice
Consulting with an experienced divorce attorney before filing for divorce is essential to ensure you make informed choices throughout the divorce process. Making hasty decisions without legal guidance can result in poor settlements, overlooked legal options, or unintended consequences that may affect your financial and personal future.
A skilled attorney can help you address key issues such as the distribution of marital property, post-separation support, alimony, child custody, and child support. They ensure that your rights are protected and that all factors are carefully considered during the divorce process.
#3: Letting Emotions Drive the Decision
Acting impulsively or allowing emotions to drive your choices may lead to hasty decisions that worsen the situation, prolong the process, or result in an unfavorable settlement.
It is essential to focus on rational decision-making, keeping long-term goals in mind, and working with your attorney to develop a strategy that aligns with your best interests and future well-being. By taking a measured approach, you can navigate the process with clarity and achieve a more positive resolution.
#4: Overlooking Child Custody and Parenting Time Issues
Overlooking child custody and visitation issues when filing for divorce can have serious consequences. Failing to prioritize these matters during the initial stages of the process may result in arrangements that do not fully address your children’s needs or best interests.
It’s important to carefully consider custody, visitation, and other parenting arrangements early on to ensure that the children’s well-being is protected and that the court is provided with a clear, thoughtful plan moving forward. Neglecting these issues can lead to unnecessary delays, conflicts, and potentially harmful outcomes for your children.
#5: Not Considering Mediation or Alternative Dispute Resolution
Considering alternative options, like mediation and arbitration, before filing for equitable distribution, alimony, or child custody can result in a more amicable resolution. These options allow both parties to negotiate and work together toward mutually beneficial agreements, often resulting in less emotional and financial strain.
Filing can sometimes shut down negotiation opportunities, as it may signal an adversarial approach, making it harder to engage in constructive discussions. Exploring mediation and other alternatives before resorting to litigation can provide a more collaborative approach and potentially lead to a quicker, less contentious divorce.
What Happens After You File for Divorce?
After filing for divorce in North Carolina, the plaintiff must serve the divorce papers to the other spouse. The court can address key issues, including property division, alimony, and child custody if those are included in your complaint. Temporary orders may be issued for child support or custody during the process.
Property division follows the principle of equitable distribution, where assets and debts will be divided fairly, but not necessarily equally. If applicable, hearings for alimony may be scheduled, and custody arrangements will be made based on the children’s best interests.
The divorce is finalized once all issues are resolved and the court issues its final orders.
Final Thoughts
While filing first in a divorce may offer certain advantages, such as greater control over the timeline and legal strategy, it is essential that you weigh the pros and cons and avoid making common mistakes.
Divorce is a difficult and emotionally challenging process. Consulting with an experienced divorce attorney ensures that you make informed decisions and that your rights are protected. A skilled attorney can help you navigate these complex legal matters to develop a strategy that aligns with your long-term goals.
Let New Direction Family Law Assist You
If you are considering filing for divorce in North Carolina, reach out to our team of experienced lawyers. With over 80 years of combined family law experience, our team is knowledgeable, effective, and will advocate for you and your legal rights.
Contact us by calling (919) 719-3470 or schedule a consultation online today.
We proudly serve clients located in Raleigh, NC and surrounding areas.
