Is delaying a divorce an actual thing? Can you stall the process simply by refusing to sign the papers? It is important to understand the terms on which your marriage can and should be terminated so issues like this can be dealt with effectively. External help can be beneficial, and matters of family law are dealt with by divorce attorneys such as Marshall & Taylor in a very helpful and effective way.
The divorce laws in North Carolina are concise and routine, however, delay tactics are still used there. This is how you can deal with them.
Taking matters to the court
You may take them to court for a settlement agreement. In this way, the proof of your divorce will be in record and delaying it in any other way would prove to be ineffective. People often deny having agreed to divorces due to certain reasons, and not signing contracts is part of this. Taking them to court will mean avoiding pointless arguments based on word of mouth. This part should be avoided because it’s not the simplest way to finalize a divorce. There are a lot of factors included, such as
- The trial for both parties to make their case
- Ruling for final divorce orders
Order a mediation
A mediation is a great way to settle a divorce and get it over with, especially if you still maintain friendly relations with your ex-spouse. This is a way to easily work through the legally difficult points in a divorce. The court can order a mediation to help you finalize it so that you don’t have to spend any more time, money or effort on trying to get everything done. This will speed up the process substantially.
Division of assets
Often, the reason for a divorce being dragged out is a disagreement on the division of assets. North Carolina has its own set of rules for this, which are as follows:
- Any property owned during a marriage will be considered a shared property, which means both parties will have an equal right to it.
- Any debts suffered during the marriage will be the responsibility of both parties.
- Property that a spouse obtained before the marriage but also had during the marriage will remain the property of that individual.
- Any gifts received during the marriage will also be the individual’s property, and they will be the sole owners of it.
There are certain factors involved in the division of assets, aside from which, all property will be divide 50/50 between both spouses. These factors include the following
- Child support
- Who will live in the family home, i.e. the home they bought together or lived in during their marriage.
- How much money each spouse made when buying their shared assets
- Income of both parties
North Carolina also allows for alimony. There are certain factors that will be considered when awarding alimony as well, such as the needs of each spouse.
What is Alimony?
Alimony, also called spousal support or spousal maintenance, is a payment made every month by one spouse to the other to comply with either a divorce agreement or a court decision. Alimony helps to balance an unfair economic effect of a divorce when a stay at home parent suddenly needs an income to support themselves, but has little or no work experience to pursue a job because of their decision to raise their children full time.
Divorce can be stressful on the entire family. If one party is purposely delaying the process to either be spiteful or because they don’t think that the final judgement is fair it can delay a lot of progress to get your life back on course. If you’re facing such challenges, you should seek the advice of a qualified family law attorney in North Carolina to advise you on your options, and help you through this trying time.