Pre-Divorce Planning - What You Should Consider

Facing the thought of separating from your spouse can be an overwhelming prospect. It can seem more manageable and feasible if you look at each area of the law that may apply to your personal situation independently. The following areas of law are the most common when pre-divorce planning:

  • Child Custody
  • Child Support
  • Equitable Distribution (division of property and assets/debts)
  • Spousal Support (alimony and post separation support)

By breaking down the issues into these four areas of law, the planning process can become easier. While each of the areas of law is separate, they are often related to one another. For example, the child custody schedule you and your spouse follow will determine the amount of child support that one parent will be responsible for paying to the other parent. Also, when thinking of equitable distribution and spousal support, it will be important to know whether you will be residing in the former marital residence, or whether you will move out of the residence. In many cases, there will be a substantial difference in the cost of living in one versus the other. If you are distributed the former marital residence, will you be able to continue to afford to live there while paying spousal support or receiving child support?

These considerations, along with many others, are important to discuss with a qualified North Carolina licensed attorney. The attorneys at Miller Cushing Holladay focus their practices primarily on the family laws and local rules in Charlotte, North Carolina. Contact us today to schedule a consultation with one of our attorneys. We look forward to meeting you.

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