Do-It-Yourself Divorce Mistakes in North Carolina

Parting ways with a spouse is almost never pleasant, however, there are couples in the state of North Carolina who will attempt a do it yourself (D I Y) divorce to avoid hassles. Although this approach can be effective in some instances, the involvement of divorce lawyers is often necessary to steer clear of common pitfalls. These errors may lead to financial loss, prolong the time taken to solve the conflict, or cause undesirable repercussions years down the road. Learning about how people commonly make mistakes when filing for a do-it-yourself divorce in North Carolina can save you money.

Failing to Meet the Residency Requirements

One of the first and most important criteria in filing for divorce in North Carolina is the residency requirement. Whichever one of the spouses has lived in the state for a period of six months should file the divorce. This is one such requirement that is mandatory in any state in the court system. If this requirement isn’t able to be satisfied by the petitioner, the case will not go to the court, meaning the divorce plea will be rendered void.

Commonly, couples who do not wait long enough to make a filing or do not understand this requirement will encounter delays and as a result incur extra costs.

Not Fully Understanding Equitable Distribution

North Carolina is also considered an equitable distribution state in which fairness, not equality, is sought in the division of property upon divorce. A common DIY divorce mistake is not realizing the methods for the division of property in terms of assets, debts, and considerations. A significant number of people make the false assumption that equitable distribution is synonymous with 50 distribution, however this is not always the case.

Different spouses’ incomes, marriage contributions and duration of the marriage are some of the aspects that are considered when distributing the properties. Couples who seek to take care of this part of the divorce without professional assistance may often surrender essential property rights inadvertently, or may not receive equitable compensation.

Overlooking Retirement Accounts and Pensions

The other frequent error when handling North Carolina divorce papers without the help of an attorney is not addressing retirement funds such as 401(k) plans, IRAs, and pensions. These accounts are very often among the most valuable assets in a marriage and need to be divided. Most of the time, dividing these accounts will require a QDRO which is a legal document used to split retirement assets without incurring taxes or costs.

If a QDRO is not obtained or there is an improper allocation of the pension, then one spouse may sustain considerable financial hardship; even penalties or tax may occur if such a distribution is not done properly.

Ignoring Alimony and Spousal Support Laws

The concept of spousal support, often referred to as alimony, is yet another area that many do-it-yourself (DIY) divorcés often get wrong. For instance in North Carolina alimony is not a guarantee and is awarded upon some considerations; how long the marriage lasted, the ability of both spouses to earn income and what both of them did while still married.

In several DIY divorces, the spouses tend to either over-emphasize alimony or completely ignore it. Such a situation creates some power imbalance as one party is left with little and in particular the spouse who was earning lower income or was dependent financially on the other spouse. It is important to emphasize spousal support in your DIY divorce so that the disenfranchised spouse’s fair share may be honored.

Incomplete or Incorrect Paperwork

The most common error that most do-it-your-selfers in a divorce make is submitting incomplete documents or wrong documents entirely. Some basic documents are necessary in North Carolina, including the divorce complaint, summons, and some affidavit of service among others and if any of these papers are incomplete, incorrect, or missing altogether, the court can dismiss your case which will force you to refile the case, leading to delays and other issues.

Also, legal language and documents can be rather complicated as well. Individuals attempting a do-it-yourself divorce without knowledge of the guidelines can lead to more expensive mistakes. They may mischaracterize certain assets belonging to one spouse as independently held or maritally held, or fail to recognize (or understand) a child custody agreement.

Mishandling Child Custody and Support Issues

It is easy to understand that issues relating to child custody or child support are regarded as the most sensitive and the most complicated procedures when it comes to the divorce process. In North Carolina, like all states, the paramount concern of the courts is the welfare of children, and there are clear parameters and procedures on how to arrive at the figure for child support. Do-it Yourself divorce litigants may overlook addressing the problems and issues adequately, and this may make the agreements unfair or unsustainable.

For instance, the mother and father may informally pursue custody of their child without documenting the agreement in a legal document. In such a scenario, when arguments occur later regarding child custody, the litigation that inevitably occurs could probably have been avoided had there been such an agreement. Likewise, if the amount of child support is not calculated properly in terms of the legal requirements of the state, either parent could end up under or overpaying which would cause legal problems in the future.

Not Considering the Long-Term Consequences

Self- filing of divorce includes some major risks which if not carefully weighed can lead to unforeseen consequences. Though it may sound reasonable to try a DIY divorce especially for cost savings in the short term, errors made in the division of assets, spousal support, or even child custody are more costly in the long-term. Also, if the divorce is poorly handled, some post-divorce litigation will always ensue and this is more expensive in time and cost than properly managing the affairs from the beginning with proper legal guidance.

Failing to Seek Legal Advice When Necessary

It is reasonable to think that it’s possible to handle a Do it Yourself uncontested divorce but there are many instances where cases that seem simple quickly become complex and legal intervention is needed. A lawyer can help to make sure that your rights are not violated, the division of the property is fair, and necessary paperwork is executed. Where there is significant asset ownership, businesses, pension funds, or children who are up for custody; it is sensible to first seek the advice of an attorney.