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Navigating Divorce in North Carolina

What to Do Once You’ve Made the Decision

When contemplating divorce, the decision rarely happens suddenly but rather happens over time. And, for most people, it is one of the most challenging decisions they will ever make. But once you’ve made this decision, then what?

With a new perspective, people often realize that the house they built together is no longer a home. And when things are no longer “normal” it is normal for millions of questions to run through your mind. “What should I do first? Where will I live? What am I entitled to? How will I afford it?” are all questions my clients often find themselves asking in the wake of deciding to divorce.

Divorce can be a challenging step to take in life, but not one you have to take alone. Consider these pointers to protect yourself and your interests as you step forward into your new normal.

Finances

Take an inventory of all of your finances from both separate and joint accounts. Create a summary of all bank accounts, financial accounts, and retirement accounts. To gauge the status of your financial portfolio, this information is essential. It’s fine if you don’t have immediate access or don’t know this information, an experienced family law attorney can work with you to explain the different methods used to retrieve this information if needed.

Real and Personal Property

Take an inventory of all the personal property you both own and specify if the property was acquired before or after your marriage date. This is important to determine what property is marital and what property is separate. If there are special family heirlooms, personal collections, or gifts that have special meaning to you, take steps to protect these items.

Regarding real property, try to get copies of all of your real property information, such as closing documents, appraisals, major repair work and remodels, refinance documents, tax documents, and beyond. Again, if you do not have immediate access, or any access to this information, don’t panic. Your attorney may be able to help you piece together as much of the information and documentation as possible.

Retirement / Investments / Stocks

Retirement and investments can be overwhelming and confusing to navigate. How much do either you or your spouse have? Is it vested? What are the penalties for early withdrawal? What if I vested in my pension before we were married? These questions are valid concerns, so don’t feel uncomfortable discussing them with your attorney. Try to obtain as much information on these investments as possible, which will help your attorney swiftly navigate through your financial portfolio.

It is important to remember, your attorney is not a financial advisor. Your attorney, as your legal advisor, is there to inform you about what you are and are not entitled to in terms of equitable distribution and divorce. It is still up to you to decide how to manage your share of the marital interests once your case is complete, though your attorney likely has a list of resources they can provide you with to steer you in the right direction.

Debt

Keep an accounting of all debt, both separate and marital. This likely includes credit cards, loans, taxes owed, medical bills, etc. Most often, if these debts were acquired during the marriage, they will be considered marital debts, which you will both be equally responsible for paying. But just like everything else in law, the devil is in the details and each case is different. In situations like these, it’s crucial to work with an experienced family law attorney who can assist in determining the debt’s nature and purpose to minimize your financial responsibility if needed.

So now what?

The first thing you should do is take a deep breath. Attorneys understand you are taking a gigantic step that will change your life path and, as legal professionals, we treat that with utmost importance. Although separation and divorce can be incredibly emotional, scary, and taxing, it is also something you have thought long and hard about and decided was the best step for you, your well-being, and the well-being of your family.

When preparing for your new normal, it’s crucial to find an experienced family law attorney who can guide you through the challenging journey. So, if you’re still holding that breath, I told you to take – exhale. Write down as many of the questions flying through your head as possible and then find the attorney who is right for you and book a consultation. Now that you’ve decided to divorce, arming yourself with as much accurate legal information as possible is important. Today is the first day of the rest of your life – hold your head high as you take the next step towards your new normal.

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LM
Written by

Lisa Marie Johnson

Attorney

Born and raised in Cleveland, Ohio, I attended Cleveland State University. During my undergraduate tenure, I received an acceptance from the University of Savoie in Chambery, France, where I studied international law, European history, and French/English translation. When I returned to the States, I completed my undergraduate program and later achieved a master’s in public administration. From there I took part in the International Conference on Public Management and Development Administration hosted in Ghana, Africa where, over a two-week period, I facilitated a workshop that addressed urban infrastructure, intergovernmental issues, and the need to promote economic growth and stability in urban communities. I would go on to further my studies at Thomas Cooley Law School in Michigan with a focused concentration in litigation. While there, I worked at Legal Aid as the clinic coordinator and successfully implemented self-help family law programs for those in need of legal guidance in divorce, custody, and domestic violence matters. This is when I realized family law was where I belonged. After law school, I took a leap of faith and moved to North Carolina. Early in my legal career, I managed a second career in academia as an adjunct professor at the University of Phoenix, where I taught philosophy, business ethics, communications, constitutional history, business law and political science. I found this decade long experience enlightening, inspiring, and thought provoking. When I’m not zealously advocating for my clients in the courtroom, I spend most of my time and energy with my amazing young son and incredibly spoiled diva-like pup, Coco Chanel. I have one son and three bonus children. I love French conversation and culture and I am fascinated with world travel. Divorce and Your New Normal Throughout my legal career, I focused on family law because this is where I made the most significant impact for my clients and the community. As a professional, I am honest, direct, dedicated and have a genuine passion for what I do. Early on, I understood that the people that I represent all come with diverse issues and problems that need to be addressed efficiently, effectively, and realistically, but also tailored to their individual concerns. I recognize that there is no “cookie-cutter” solution in family law and one size does not fit all when dealing with troubled marriages and broken families. That is why I focus on resolutions that will best fit my clients’ interests, even if the resolutions are unconventional. Any competent attorney can successfully argue the law and put a band-aid on the open wounds left by a shattered family. But it takes an exceptional attorney to have the energy to fight for their clients, and the compassion to meet their clients where they are in life to help elevate them to the next level and move forward. A skilled attorney must have the ability to think creatively and outside-the-box to help their client reach some finality in ongoing complex family law disputes. An accomplished attorney shows strength, intellect, and unwavering support for her clients. And it takes a confident attorney to make it all happen. I fearlessly carry that same compassion, energy, skill, creativity, sense of accomplishment and confidence with me and every client I represent. When a person is considering a divorce, it is never an idea that happens overnight. It is not so long ago. And for many, it may be the toughest decision a person could ever make. But once you’ve made this decision, then what? You look around at the home that you and your spouse created together, and with different eyes, you realize that this house is no longer the same home. Things are no longer “normal” between the two of you. Now questions begin to run rapidly through your mind and you start asking yourself, “what do I do first?” “Where will I live?” “What am I entitled to?” “What about my finances?” “Who do I talk to?” Divorce can be a challenging step to take in life but consider these few pointers to protect yourself and your interests, as you step toward your new normal. Finances:Take an inventory of all of your finances, from separate and joint accounts. Make an accounting of bank accounts, investment / financial accounts, retirement accounts, etc. You will need this information to get an idea of the status of your financial portfolio. It is okay if you do not have immediate access to this information or if you just don’t know. Your attorney can explain to you the different methods used to retrieve this information. Real and Personal Property:Take an inventory of all the personal property you both own and specify if the property was acquired before or after your marriage date. This is important to determine what property is marital and what property is separate. If there is a special family heirloom, a personal collection, or a gift that has special meaning to you, do not discredit it. Make a point to ensure this item is protected from being destroyed or taken. Regarding real property, try to get copies of all of your real property information (i.e. closing documents, appraisals, major repair work and remodels, refinance documents, tax documents, etc.). Again, if you do not have immediate access, or any access to this information, don’t panic. Your attorney may be able to help you piece together as much of the information and documentation as possible. Retirement / Investments / Stocks:We all understand that retirement and investments can be overwhelming and confusing sometimes. How much do either you or your spouse have? Is it vested? What are the penalties for early withdrawal? What if I vested in my pension before we were married? All these questions are valid concerns, so don’t feel uncomfortable to discuss these issues with your lawyer. Try to obtain as much information on these investments as possible which will help your attorney quickly navigate through your financial portfolio. But remember, your attorney is not a financial advisor. Your attorney is your legal advisor who is there to tell you what you are and what you are not entitled to as it relates to equitable distribution and divorce. It is still up to you when deciding how to manage your share of the marital interests once your case is complete. Debt:keep an accounting of all debt (separate and marital). This would include credit cards, loans, taxes owed, medical bills, etc. Ideally, if these debts were acquired during the marriage, they are considered marital debts, and you both are equally responsible for paying the balances. But just like everything else in law, the devil is in the details. Your attorney can try to determine the nature and purpose of the debt to try to lessen your financial obligation. So now what?The first thing you should do is simply breathe. Attorneys understand that you are taking a very large step that will change your life path and as legal professionals, we take that very seriously. Although separation and divorce are incredibly emotional, scary, and taxing, it is also something you have thought long and hard about that is best for you and your well-being. You are preparing yourself for your new normal, and you need a lawyer who can help you navigate to that normal. So first, take your deep breath, look around your house you once considered your home… now exhale. When you make your first consultation appointment with a lawyer, write down as many questions as possible to ask at the consult because no question is too trivial to ask when it comes to your peace of mind. Arm yourself with as much accurate legal information as possible, gather your marital information and documentation, and take the next step to your new normal.

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