At Payne & Associates, PLLC, we see many questions about the divorce process. Serving clients throughout the Triad area of North Carolina from our Winston-Salem office, we do everything we can to explain the divorce process and make things simple for our clients. Please read the questions and answers below to gain an initial understanding of the divorce process in North Carolina, and call to schedule a consultation with an experienced lawyer from our firm.

  • What are the different ways to settle a divorce matter?

There are various ways for a divorce to proceed. Many still go through the traditional divorce litigation process, but divorcing couples are using mediation with increasing frequency. At Payne & Associates, PLLC, we try to use mediation whenever possible, because it is much more efficient, cost-effective and stress-free in the vast majority of cases.

  • How do retirement benefits get split in divorce?

Many people are concerned about splitting 401(k)s and other retirement benefits in divorce, especially busy working couples. When both parties come into the divorce with some savings and retirement benefits to be divided, the court will look at all of these assets and divide them equitably with a minimum of transfers. You can minimize the potential risks and transfer costs by negotiating the division of assets in mediation.

Retirement benefits are taxed when they are transferred to new accounts.

  • How is alimony determined in North Carolina?

Unfortunately, the lack of clear guidelines for alimony orders is one of the weaknesses in North Carolina law. Unlike most states, we simply don't have any clear statutory guidelines for this. The courts use income and financial need to make alimony determinations.

Although the lack of guidelines makes it difficult to determine in advance exactly what the alimony order will be, an experienced lawyer can still get a pretty good gauge at what you might be entitled to receive from a judge.

  • What if we have already agreed on all the details of the divorce: Do we still need an attorney?

Of course, as a law firm, we are going to say "yes," but it is true. There are many pitfalls and potential errors in the divorce process that can only be identified with legal training and experience. You could be agreeing to something that you don't have to agree to, giving up rights and opportunities that you don't have to give up, or entering into an agreement that will not be favorable to you in the long term.

If you work with an experienced lawyer from our firm, we can spot these potential dangers, look over all your agreements and documents, and make sure your interests are protected.

More Questions? Contact Us Today.

Call us today if you have any more questions or want to discuss your case with an experienced attorney. Call 336-283-2937 or email us to schedule your consultation.

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