Dos and Don’ts During Divorce in North Carolina

If you are going through a divorce in North Carolina, there are various things that you should avoid at all costs. Conversely, there are many actions that you should take. Understanding these “dos and don’ts” may help you pursue more positive outcomes. Of course, you can also strive for positive outcomes by working alongside an experienced divorce lawyer in North Carolina.

DON’T Criticize Your Ex in Public

Avoid criticizing your ex in public. Doing so will likely cause consequences in court, especially when it comes to child custody. A more amicable, professional approach helps you avoid these negative outcomes. Remember, anything you say or post on social media could be used against you in court – even if you delete it at a later date. Your ex and their attorneys could screenshot your posts – and this evidence is admissible in court.

You should also avoid criticizing your ex in private – as long as you do so in front of your children. If courts believe that you are turning your children against your ex, they may see this as a form of “parental alienation.” Parents who face these accusations may struggle to achieve positive child custody results.

DO Gather as Much Documentation as Possible

While your ex can potentially take screenshots of your social media posts, you can do the same. You should try to gather as much documentation as possible, even if you are not sure whether it will be helpful. This includes screenshots, mortgage statements, tax returns, income documents, and much more.

For more information on what might be useful documentation, consult with a lawyer. They can provide you with detailed guidance, helping you learn exactly what you need to collect.

DON’T Try to Conceal Assets

While it might be tempting to conceal some of your assets during a divorce, this strategy has a high chance of backfiring in spectacular fashion. If your ex finds out about your strategies, you could be accused of “breaching your fiduciary duty” to your spouse.

It makes more sense to take a careful, legal approach to property division and equitable distribution in North Carolina. Your lawyer can help you execute effective strategies to secure your financial future – without acting unlawfully.

DO Attempt to Mediate Your Divorce

Although mediation and collaborative law are not always possible, it is worth trying these strategies if you can. This “alternative dispute resolution” can be cheaper, faster, and less stressful than a divorce lawsuit. Mediation and collaborative law can also be more private, and confidentiality is an important concern for many spouses in North Carolina.

Even if you have a bitter, resentful relationship with your ex, mediation might still be possible. Even the most combative spouses can mutually recognize these cost and time-saving benefits.

DON’T Waste Marital Assets

If you are going through a divorce in North Carolina, you might be tempted to waste, destroy, or throw away your assets. Spouses who attempt these strategies face serious legal risks. If your ex can prove that you wasted or dissipated marital assets, you could encounter notable issues during property division. The amount of the wasted assets could be subtracted from your share of the remaining marital property.

For example, you might gamble away your family fortune. You might destroy a family vehicle or intentionally throw away bundles of cash. Whatever the case may be, these spiteful actions are ill-advised.

DO Consider the Best Interests of Your Children

If your marriage produced children, it might be worth reviewing a concept called the “child’s best interests.” Almost all custody decisions are made based on a child’s best interests in North Carolina. Family courts consider a number of factors to determine a child’s best interests.

These factors are quite varied, but there are a few worth remembering. One factor is the distance between family homes, and you might want to remain in the same neighborhood as your ex as a result. Another factor is any past child abuse or substance abuse. Your family law attorney can explain these factors in more detail.

Find an Experienced Divorce Lawyer in North Carolina

If you have been searching for an experienced divorce lawyer in North Carolina, look no further than Arnold & Smith, PLLC. We know that it is all too easy to make simple mistakes during divorce, and we can help you steer clear of these common pitfalls. We are also aware of various strategies and actions that can help virtually anyone filing for divorce. To review these dos and don’ts in more detail, book a consultation with us today. While internet research is a positive first step, guidance from a lawyer targets your unique circumstances.