Are There Rules That My Spouse and I Must Follow During the Divorce Process?

Divorce is an emotional journey and a legal process governed by a complex set of rules and procedures. Understanding and adhering to these rules is important to protect your interests and achieve a fair outcome in your divorce. At Epperson Law Group, our Charlotte family law attorneys believe that knowledge is power, and we are committed to guiding you through every aspect of the divorce process.

The importance of following legal rules during divorce

The rules that govern the divorce process are designed to ensure fairness and protect the rights of both parties. Violating these rules can have serious legal consequences, including unfavorable court rulings, financial penalties, and even criminal charges in extreme cases. By understanding and following these rules, you can avoid unnecessary complications and work toward a resolution that respects your needs and those of your children.

Custody rules: Protecting the best interests of the child

Child custody is often one of the most contentious and emotionally charged aspects of a divorce. In North Carolina, the guiding principle in custody decisions is the child’s best interests. The court will consider various factors, including the child’s physical and emotional well-being, the stability of each parent’s home environment, and each parent’s ability to meet the child’s needs.

Temporary custody arrangements

You and your spouse may need to establish temporary custody arrangements during the divorce process. These arrangements dictate where the child will live, how much time they will spend with each parent, and how decisions about the child’s welfare will be made. It is essential to adhere to these temporary orders to avoid disrupting the child’s life and demonstrate your commitment to the child’s best interests to the court.

Communication and cooperation

Even in the midst of a divorce, it is vital to maintain open and respectful communication with your spouse regarding your children. Courts favor parents who can cooperate and make decisions together, as this is often in the child’s best interests. Any attempts to alienate the child from the other parent, interfere with visitation, or undermine the other parent’s authority can harm your case.

Avoiding negative behavior

Negative behavior, such as using the child as a bargaining chip or speaking poorly about the other parent in front of the child, can have serious repercussions. The court may view such behavior as harmful to the child’s well-being and may adjust custody arrangements accordingly. Focusing on what is best for the child rather than letting emotions dictate your actions is important.

Dissipation of assets: Protecting marital property

One of the most critical financial aspects of divorce is the division of marital assets. In North Carolina, marital property is subject to equitable distribution, meaning it is divided in a way that is fair but not necessarily equal. However, during the divorce process, some spouses may attempt to dissipate or waste marital assets to prevent the other spouse from receiving their fair share.

What is the dissipation of assets?

Dissipation of assets occurs when one spouse deliberately depletes marital assets for their own benefit or to harm the other spouse financially. This can take many forms, such as:

• Excessive spending: Making large, unnecessary purchases or running up credit card debt.
• Gifts or transfers: Giving away money or property to friends, family, or a new partner.
• Destroying or concealing assets: Damaging or hiding valuable property.
• Unreasonable investments: Making risky or unwise investments without the other spouse’s consent.

Legal consequences of dissipation

If the court determines that a spouse has dissipated assets, it can take corrective actions. This may include awarding a larger share of the remaining assets to the other spouse, ordering reimbursement of the dissipated funds, or imposing financial penalties. It is crucial to avoid any actions that could be construed as dissipation, as this can significantly impact the final property division.

How to protect yourself

If you suspect your spouse is dissipating assets, it is essential to act quickly. Document any suspicious behavior, gather financial records, and consult with your Charlotte family law attorney immediately. Our attorneys can help you take legal steps to protect marital assets, such as seeking a court order to freeze accounts or prevent the sale of property.

Quitting a job: Implications for support and custody

Decisions related to employment during a divorce can have far-reaching consequences, particularly in terms of child support, alimony, and custody. Quitting a job without careful consideration and legal advice can lead to negative outcomes that may affect your financial stability and relationship with your children.

Impact on child support and alimony

Child support and alimony are calculated based on each spouse’s income and financial resources. If one spouse quits their job, it can complicate these calculations. Courts are generally suspicious of sudden changes in employment status during divorce, particularly if they appear motivated to reduce support obligations.

• Imputation of income: If the court believes that a spouse has voluntarily reduced their income, it may impute income to that spouse. This means the court will calculate support based on what the spouse could earn if they were fully employed rather than their actual income.
• Potential for increased support obligations: If you quit your job and your spouse can demonstrate that your unemployment is voluntary and unjustified, the court may still hold you responsible for your support obligations at the previous income level. This could result in financial strain if you are unable to meet these obligations.

Effect on custody arrangements

Employment status can also influence custody decisions. Courts typically favor stable environments for children, and employment is a factor in determining stability. If quitting your job negatively impacts your ability to provide for your child’s needs, the court may view this as a reason to limit your custodial rights.

• Primary caregiver considerations: If you are the primary caregiver and your job loss affects your ability to maintain a stable home for your child, this could affect custody arrangements. The court may consider whether the change in employment was in the child’s best interests or if it creates unnecessary instability.
• Relocation issues: If quitting your job requires you to move or limits your ability to stay in your current home, this could further complicate custody matters. Relocation without proper legal consent can lead to legal challenges, especially if it interferes with the other parent’s visitation rights.

When quitting may be justified

There are situations where quitting a job during a divorce may be justified, such as:

• Health reasons: If your job is causing significant health problems, quitting may be necessary. However, it’s important to have medical documentation and be prepared to explain the situation to the court.
• Layoffs and unemployment: If you lose your job due to layoffs or economic factors beyond your control, the court will likely view this differently than if you voluntarily quit.
• Career change for the better: If you are leaving a job to pursue a better opportunity that will ultimately benefit you and your children, the court may view this decision more favorably, especially if you can demonstrate that the move is in the best interests of the family.

Before making any decisions about quitting your job, it is essential to consult with your attorney. At Epperson Law Group, we can help you understand the potential legal implications and guide you in making a decision that aligns with your overall divorce strategy.

The role of temporary orders in the divorce process

Temporary orders play an important role in managing the divorce process and ensuring that both parties follow the necessary rules. These orders can address a wide range of issues, including child custody, spousal support, and the use of marital assets. Following these orders is essential to avoid legal penalties and ensure a smooth transition during the divorce process.

Establishing temporary orders

Temporary orders are typically established early in the divorce process, often at the request of one or both parties. These orders set the ground rules for behavior and responsibilities during the divorce and remain in effect until the final divorce decree is issued.

• Child custody and visitation: Temporary custody orders outline where the child will live and the visitation schedule for the non-custodial parent. These orders help provide stability for the child during the divorce process.
• Spousal and child support: Temporary support orders can account for the financial needs of the lower-earning spouse and children during the divorce. This includes payments for housing, food, education, and other essential expenses.
• Use of marital assets: Temporary orders can also address the use and management of marital assets, such as the family home, vehicles, and bank accounts. These orders prevent one spouse from making unilateral decisions that could harm the other spouse’s financial interests.

Compliance with temporary orders

Compliance with temporary orders is vital to your case. Violating these orders can lead to legal consequences, such as contempt of court charges, fines, or adverse rulings in the final divorce settlement. If circumstances change, such as a job loss or relocation, it is important to seek a modification of the temporary orders through the court rather than simply ignoring or defying them.

Modifying temporary orders

In some cases, temporary orders may need to be modified due to changes in circumstances, such as a change in income, relocation, or health issues. Modifying a temporary order requires a formal request to the court, and legal representation is essential to ensure that the modification is justified and in accordance with legal standards. Talk to the family law attorneys at Epperson Law Group for guidance.

How our Charlotte family law attorneys can help

At Epperson Law Group, we understand that the divorce process can be overwhelming, especially when it comes to navigating the complex rules and procedures. Our experienced family law attorneys are here to provide you with the guidance and support you need to make informed decisions and protect your rights.

• Personalized legal advice: Every divorce case is unique, and our attorneys take the time to understand your specific situation and goals. We provide personalized legal advice that is tailored to your needs, helping you navigate the rules and procedures that apply to your case.
• Experienced representation: With years of experience in family law, our attorneys have the skills to represent you effectively in court. Whether you need to establish temporary orders, protect your assets, or negotiate custody arrangements, we are here to advocate for your best interests.
• Compassionate support: Divorce is a challenging time, and we are committed to providing compassionate support throughout the process. We listen to your concerns, answer your questions, and work with you to develop a legal strategy that aligns with your goals and values.
• Comprehensive legal services: In addition to divorce, we offer a full range of family law services, including child custody, alimony, and property division. Our goal is to provide comprehensive legal support that addresses all aspects of your case.

If you’re facing the complexities of divorce and need legal guidance to navigate the process, Epperson Law Group is here to help. Our experienced family law attorneys are dedicated to protecting your rights and ensuring that you follow the necessary rules to achieve the best possible outcome. Contact us today to schedule a consultation, and let us provide you with the support and representation you need during this challenging time. Please call our office or submit our contact form to schedule a case evaluation today. Our team is located in Charlotte, Concord, Weddington, and Boone for your convenience.