Outlaw Lawyers Tackle Listener Questions concerning Divorce

This week on the outlaw here we have attorney Taylor Scruggs Smith joining us in studio and answer a lot of listener questions kind of related to domestic family law. The brigandage that next now committed the outlaw lawyer Morgan Patrick consumer advocate enjoined on stage onset Josh Whitaker Joe Hamer managing partners of Whitaker and Hamer.

We also have Taylor Scruggs attorney with Whitaker and Hamer Wicker Hamer law firm with offices in Raleigh Garner Clayton Goldsboro Fuquay Green and Gastonia. And as I mentioned, the guys are managing partners of the firm practicing attorneys here in the great state of North Carolina.

If you got a legal situation you're going through and you need answers to questions. I got a number for you 800-5911 86. That's 800-659-1186 is call leave your contact information. Briefly, what the call is about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show. It's questions@theoutlawlawyer.com Joe Mungo lot to get to today. We do Morgan. Lots of stuff to talk about today. I like to remind people need to remind people here only outlaw your work here as attorneys to answer legal questions to talk about the law talk about things in the news it takes is a lot of really get in the groove that we have to talk about some other stuff before, loosen us up and get us in the mood so we haven't sat down together since the final four. I don't think that is correct right and I didn't. I did watch the final four games. I think I predicted what's not. What's none of it. I watched Collison knew more about what you mean night and some Bob's burgers with the greatest yeah but I was midnight. I liked it. I enjoyed it okay was anything right whole. It was one of we did get you.

You obviously just like I can imagine you were to you happy with how everything turned out I was fine is no big deal.

Saturday early game. Kansas Villanova not a very entertaining no Kansas really won a game like in the first like characters that second game second game.

It was a game and a pretty good ratings down my nose. Onset selenium update. I was good at stone cold show up and he did his older is only so much you can did. I had a bad neck was never supposed to like wrestling in any lot malls and how surprised I couldn't say what he was doing now wants that that game whenever game was looking at the most exciting game and the downer for most of but then I saw turn on wrestlemania and felt some clout and still sponsored by Miller light against snow and ice got his own. He has his own brewery is probably why he came back to drink like with 16 of them during the was out there is very a lot of the stall demand a lot of the stone for me. I was a young boy during the his heyday. So Joe tell us why you turned away from the basketball game. Now watch the whole game. I saw that you know and on. You can look at a couple ways that you can look at Carolina season and you can say light will they had double-digit losses. They want nothing of consequence.

No championships you know and you can say they date the rip when really anything like that again. There's no hardware coming home with them so you can say will never be remembered as a team in history, but the perspective and they will always be that the team that has the largest chilled job in national championship history for that.

There will always be forget that team for the failure were no way we take. We if we take the season for what it is. It's not how you start, it's how you finish your point, but we finish second if you're not first your last thing we as guys noticed in any of the footage I'm right there on the bench when he laid in the game. I do cook a lot and he take the two teams record in their seasons. You take the names off of the got 2910 team that wins nothing really. You know they go to the national chairmanship game. That's the thing, they lose it and you have a 32 and 17 that wins the regular-season conference championship which you take me to get out of the equation, usually strictly that I figured out from took a nap.

Well, I am a state fans I don't have.

Now I'll say it was if Carolina wins the championship which looked very prompt like they would have honestly if you watch that game which you did it by halftime.

You are like if this is a done deal.

It's over with. Always a chairmanship. It hurts a lot more than it does them not to. You're okay, you're okay. That evening I can go on that evening and then probably like six hours of the next day little like you know this is never watch the game back again on never watching the second of it. You can disconnect from social media will. They are calling the Duke Carolina game in the final four. One of the better final four games that they've seen yeah and 18 lead changes and you can't really argue in an even like Carolina fans. I know no one enjoyed that game. That's a true fan team into the very yeah it was completely stressful so you don't even appreciate what you remember the ebbs and flows again because you're so consumed in it so I have no idea. I thought the whole time watch it select the bidder in the end. So one of one of our attorneys ever Whitaker Hamer Taylor skirt Smith is with us today.

I think you did watch the final four. Taylor did not have never been entirely college sports like that. I am originally from the mailing DC Metro area I care to produce land up there. I care more about MVA which I'm very sad right now that leakers are completely out of the playoffs. I think I came of the last time around one in the playoffs you later spanner now. I just like Lebron. I am a Miami Heat fan and Miami Heat.

So right so couple a couple of actual we get so caught up in an sports when we get started to get the juices flowing. The proverbial juices flowing woke Joe up the Spartans and I'm ready so we we ready we talked about it for a week or two but I can talk to Brown Jackson, Supreme Court nominee has performed very well in her Senate confirmation hearings hard to find anything negative to say about her under some folks have tried but nothing.

I don't think we already talked about, but I know couple Republican senators came out saying a working for confirmation so the note in a 50-50 Senate. I can't tell you were probably headed towards confirmations. That's a good story all around. We talked about her qualifications before your show. We had a panel and hereby agreed. You know, no matter what side you sit on, you know it's good to be a Democratic nominee severe Republican and Democratic nominee betting all things considered a pretty good job. I would agree. I think that makes it assuming and it does look likely that confirmation does occur.

Another mark on our book of perfect. You know it's really important here. The it's nice to have a a confirmation hearing is not super contentious know it seems like the last couple of been really through that's embedded that is a legal thing that's happened that we talked about is when compared by updated then just I think it was just yesterday. So we talked about how there's a couple of abortion cases up before the Supreme Court Supreme Court heard oral arguments on a couple. We haven't had a decision come down yet from the Supreme Court. And so, in the absence of guidance a lot of states who were more antiabortion, more pro-life using a lot of legislation from the states really cutting down when an abortion when when someone can get an abortion who can perform an abortion in Oklahoma, went further than everybody yesterday and and pretty much just straight out bangle. Yeah, everyone came out and said they put criminal actual attached to a criminal consequences that would be a 10 year fine 10 years then is in the hundred thousand dollars fine. And as for anybody performing anybody performing in the only exception they're making to that is to save the life of the mother so that's the most kind of late antiabortion law we see in a very long time so we we talked about these laws. Right now though the law of the land.

The federal laws is Ruby Wade and we spent the whole show on Ruby Wade Ruby Wade found abortion to be a constitutional and implied constitutional right to set up some sometimes safeguards and that still the law of the land that has not been you hear a lot about the news is not been reversed that still the way it is. The Supreme Court may be limiting it. We may see that, but for right now. States like Oklahoma really is going up out there will me on the quality of their as I read this one doesn't take effect. So I think 90 days after that the state legislature adjourns that's is the most aggressive antiabortion state legislation that we've we've seen so far and get past the house with no debate. So that was one of the other big thing that was coming out with how fast it got past that there is no debate about it may just past and voted on his nuts. No debate, no debate and I don't know much. I just saw like the story like late last night so I haven't read about the you know if there was anything I got skipped or just that had that much support not stated this sentence from some of the articles that have been reading this literally just happened like maybe 16 hours ago that this really happened so fast because there was already so much support so they had no debate if anything hit the floor. They voted and he got past and I believe the governors are to come out and said that he'll sign any antiabortion law so were expecting. It is become a lot and probably likely to get challenged guaranteeing check they got it queued up the block waiting for the first person in line to see me in a couple weeks.

I would expect that were going to finally hear from the Supreme Court finally get opinion on the two cases they have a form that will really the stuff we would be wildly illegal or it'll it'll fit under the new home wasn't a fit under anything.

It's either right. They have to completely overturn Roe V Wade, but anyway, so today most of our show were dedicating against the listener questions we had. We did do a list of questions.

So for a long time. We had a abundance of listener questions build up so that is what really tackled today are Idella lawyers Josh Whitaker and Joe Hamer. You can find it. Whitaker and Hamer law firm.

The managing partners.

There again practicing attorneys here in North Carolina.

Our special guest is Taylor Scruggs Smith, also an attorney with Whitaker and Hamer. If you got a legal situation you're going through and you've got questions. Well we got a number for you and you can call 800-659-1186. That's 800-659-1186 leave your contact information briefly with calls about an attorney with payment will be in touch and you can always email the show and what is my future programs just like we are today.

Questions at the outline, we come back we'll get into divorce.

Alina, for I do that, let's do this. There's phone number you can call if you get a legal situation you're facing, and you need some answers to your questions.

800-659-1186. That's 800-5911 86 leave your contact information briefly with calls about an attorney with Whitaker and Hamer will be in touch. And as always, you can always email the program questions@theoutlawyour.com will use on future programs really get some of those questions here a little bit later guys worry when things like doing the show as we like to engage with our listeners. We get a lot of calls to the outline of the hotline. We also have an email address. A lot of people send the same things and so are our first question today. We really haven't tackled me and Joe don't live in the family law, domestic law world. From from day to day Taylor does and that's one of the reasons Taylor's visiting us with us today so we can handle some of these family law listener questions that have been building up here so the first one yet I cannot take a couple questions and then put them together, formulate, one that we can talk about on air, but the first was pretty basic and we get a lot. Basically our listener here says I want a divorce. What are the bare-bones requirements that I have to meet to get a divorce in North Carolina.

So here are listener is is married, has been married has has made that painful decision that it's you know it's just time to get a divorce. That's what I will do and that's how we get a lot at the firm and so Taylor when you sit down with someone who is as kind of made that decision will say our listener here is is married living with their spouse really give him some kids. Kids the boys a girl.

Yet eBay lived together there in the same house. The house there. It's titled to to both of them and so upwards and try to make this the most normal average divorce situation that we see someone that when that person when this listener comes and says you know what to do it anymore. Even will just make it a super nice situations. A mutual decision. They both have decided Friday to sing work in Outlook to reduce best for the kids so that person come in and what's the first step. Once they made that decision. First step is a step and nobody likes you actually have to separate North Carolina's very particular about that that she says that you have to remain separate and apart for a continuous year so you can even file for divorce until you been separated for a year and separated does not mean living in the same house and just staying on separate sides of the house to get a lot of calls about that T can't do that you have to actually be living in separate households paying bills separately getting mail in separate places truly saying that you're not together anymore. This is, this gets undermined by that were licensed to practice in North Carolina and sign we talk about these things were talking about North Carolina law and my minor listener is is is a North Carolina citizen subject to the laws.

North Carolina is a North Carolina there is no quickie divorce. So obviously this is a big emotional decision that that you that you have to come to but it's also can it be financial decision lifestyle decision. A lot is going to have to change and the baking is to north Carolina is a no-fault base divorce.

That's the other reason you have to wait for that whole year because the only grounds to get divorced is that term of separation. They can't say oh he cheated or semi-escheated and I went divorce like you still have to wait and that's not to say this gets into more complicated. Discussion. That's not to say that fault is it relevant right never been worse, but you just think is irrelevant insofar as the question of can I get right light. Obviously, anything that happened during the marriage can come up in terms of other areas, but whether or not you can actually go to the court and say divorce me. The fault doesn't matter right so I guess the biggest hurdle for people in and I always install. I don't know this to be true. But always assume that was part of the statute to discourage divorce or to make people think it over.

You not to be the case, but my mind this can always how I think it is to discourage marriage but I think it's also to spend that year to handle all issues to encourage mutual agreement to figure out these issues without court time because a lot of people sometimes don't even really know whether or not they want to stay separated and part is that he says you have to separate with the intent that permit so if you guys three months from FP separate start going to marriage counseling. Tell everybody you're married again and then you move back into the home start. That whole year over a setting that clock so I think North Carolina appreciates the sanctity and essence of marriage and they really want people to really think things through and if you're going to fully go through with it. Go ahead and start figuring out the many long-term issues like child custody and the money and not have to make it so contentious and 1/4 yet I think it the statute and then just general practice of how plays out. They really state really encourages that amicable mutual resolution anyway possible because again it uses resources. The contentious process. It is not good for anybody specially for kids. I will talk will talk more but I would get another listener question coming up here in a minute. Old Bill will talk more about some of those items, but for now basically have to be separated permanently separated for at least a year living in different places a course a lot of you know a lot of households that sell financial that's a real financial writer out, you know, a lot of times if you're in a divorce situation. A lot of those that we see there some financial distress, usually in their maybe one spouse's is not good with money. You know there's there's usually financial concerns that have led up to this decision and on top that now you have to find a way to have two households right right and if kids are involved.

Like you said until something is written down and agreed upon.

Yet figure way to transport kids back and forth may carry by seeing the kids that there's a lot of things that go into it and I would like to add in that will be actually tell people, even of the statute says a year. We like to tell people when they're in doing consult year and a day because the file on day 365) filing date 360 think I gotcha make sense that one day that one special judge will knock out the entire case. If it's too close and there's things in the blog so that we listener question I keep hitting to, but we've got another one come up so we'll talk about it there so your eve you done it you you separated from your spouse. You guys have worked out the issues you need to work out during the separation.

And you're at day 366 and who who files either party your party matter who files the main requirement is that the at least one party has to still be in North Carolina so Donna divorce before where husband was actually one filing that he lived in Georgia likes to live here so long as one party is still in North Carolina, you can file like a complaint some basic documents to get started off one thing that kept a lot of people up, though, is this thing called service. If you have to actually spend all the documents that you filed to the other party and right now with how COBIT has missed at the Postal Service. They we have to do that by certified mail or sheriff and post office.

He knows that if I mailed the green card that they had a son right during COBIT. They weren't having anybody fine because they weren't letting their carriers go up to that actual people you know been sick or anything like that. So what we did the kind of help combat that is senseless to start putting in with our documents to them and acceptance of service because that's the one thing your spouse will have to sign. We happened in some way proven they got the docks to do anything else but we do have to prove that they received the documents one and way make sense. Divorce is a legal proceeding. It's a complaint you're you're suing some by me and say it's a formal complaint process and the personally other and always has to have notice right there's different kinds of notice. Constructive notice implied years, but they have to hear actual notice.

We need to know that they received it and they know they're where what's going right in the matter. They were planning anything else after that they either have to assign a green card. Sheriff have to live hosted it to their door course based voluntarily sign and acceptance of service right so your you flouted your spouse is gotten notice and so then I take it there's a scheduled day in court. Yes, that you do have to wait 30 days that your spouse is 30 days with with him to reply. I don't have to reply, but we have to wait that 30 days courts are very particular about these timelines do have to wait a full 30 days and then at that 30 days is when we can file for court dates and get them moving right typically about 23 weeks out from the date you requested that that's it. So you shall do your hearing was assume everything else not talking about property splitting up proper right. Anything else just the act of getting divorced from a spouse to the niche of your day in court because every thing else is handled. Judge is going to give you an order judge is that a sign in order maintain judges looking for the file force they want to know the date of separation, the date you signed the complaint there checking for that year either checking for was it the day, 366 Thursday, 365 and their checking to make sure service is actually in their long as those things are in there and everything was done properly sign off on the divorce decree of divorce on the fact that there's no fall involved is released procedural adopted across the T's right, if you take if you take property, child custody, if you take all that stuff out of it. You just look at is to people getting divorced from one another.

It's not overly safe to say legally legally but is also important that we mentioned this fact pattern is a super simple fact that we take in all those things out of the equation, but those things are super relevant and you know that absolute divorce is going to terminate a lot of rights that you would otherwise have. So again, I think we'll get into this in our next question, but those are all considerations you know you need to be careful.

If you're an unrepresented party just going down filing simply for divorce because once that's done, you lose a lot of of her and she would have otherwise. I'm glad you brought that up because that's especially true because the procedure North Carolina is like. Once the default the judge signed off on that divorce decree was the judges Inc. is on their you cannot go back to the court and try to fail. Now I want alimony. Oh, now I want it, it's over. That's the cut off right so if you didn't have those matters already pending or unit has some type of separation agreement reunion have something previous to that done you have no more rights to that house. That retirement account. This is yet is deftly this is the week we talk about some things quickly right we have our little segments. We like to stick to and so we try to just hit on some some highlights.

Obviously not consulting anybody right now just try to pin a general picture of the process and yet hopefully we have made it sound too simple, because there is a million things that could go wrong that need to be handled for certain point, but legally speaking, that's the process separated for year file for divorce. Get your spouse served show up in court, or divorced like what you're saying Josh, you should consult a licensed pilot, possibly with her name or the name is literally on the phone but even this is one of those things were even just a consult.

If you schedule a consult with an attorney you get a lot of questions and I meet a lot of people who don't know what to pay for advice and I get it, you know, when I have to pay an attorney don't want to have to pay a CPA don't have to pay an investment advisor and I get that money is tight for a lot of people but consultation with an attorney knows what they're doing. They can answer every question you have. You'll have to just keep going forward with with these things and answered with these questions and answers. You can say a answer question. ABCD they're all answered and you got it you got away for one thing, one of our collie said that sometimes it's better to talk to an attorney at least once to save you thousands of dollars in the long run right at me. Everything you own is good at everything you own, care about love is going to be tied up in this marriage. In theory right, you know, and money. Money is always tight and but you can't. It's just a lot easier to talk to someone that knows the process knows what's going on.

I can just the outlaw lawyers they been there they've done that and talking to a professional as opposed to your your friend at work seemed like the right way to go. The outlier Josh Whitaker, Joe Hamer, Whitaker and Hamer law firm is where you can find that the managing partners. There are also practicing attorneys here in North Carolina to get our special guests Taylor Scruggs Smith, also an attorney with Whitaker and Hamer, just a reminder, Whitaker and Hamer offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. If you got a legal situation. Maybe you're considering divorce. I got a number 4800 659-1186. That's 800-659-1186 again.

Leave your contact information briefly with the calls about. You can also email your questions and we can talk about those shows questions at the outlaw line and the next one up his separation agreement yes is the question we get a lot on the world.

Our family law show domestic law show here and another question we always get again all I'll combine it with a bunch other questions, but basically, we got a listener who is separated I am separated. Do I need to have a separation agreement right so we got someone who is made made a decision to get separated from their spouse and what I guess Taylor's toes with a separation agreement is will start basic on stuff separation agreement is essentially a contract between you and your spouse famous the power to settle everything that occurred during our marriage is power and settle property power to settle kids, child support, alimony, all of it. We do get a lot of questions of people thinking they need one. In order to get divorced and you do not need one people thinking to have one file with the court in order to actually get divorced. A year later, the court does not need an agreement as proof that your separating once you guys have played out in your in separate houses that clock starts for the year. Your separated on the date of separation sometimes is want back and forth because of how it values property the court does not need a separation agreement to prove that your divorced rights. We should because that's that's a good thing to point out, there is no legal requirement. If you get divorced from your spouse there. You do have to be separated for year we talked about that but you don't have to have a separation agreement so as not anything that is legally required. However, great idea to be pretty pretty handy as they can tackle a lot of it.

A few things that need to be tackled or they can tackle almost everything right and the good thing about that is in a separation agreement is a negotiation between you and your spouse. So instead of going to court and putting in the party of all this information in the hands of the judge who you have no control over your attorneys have no control over. We just fight for the best outcome bath in the day. That judge is making the call with always good to be in uncertainty, whereas in a separation agreement, you know, okay I greeted this term because she's getting this to work.

He agreed to this term. So I'll get this late. You know what the terms are and how you negotiated those terms.

And sometimes it's cheaper and long and long run because you're not spending a lot of time in court doing hearings about those matters while you example that I see every day.

You know, in my my day-to-day life. It would hurt him or I do a lot of real estate transactions so you got a couple whose decide to get separated. A lot of times those at least one of those folks is about to go buy a new house is separate to create a new household is really hard to buy new house. If you don't want your spouse involved in North Carolina spouses have certain marital interest in real property into your divorced and and so that presents a problem if you're nearby the house you can get a mortgage. Sometimes your lender. Sometimes your closing attorney will your spouse that you separated from science paperwork or have something done and so even a bare-bones basic we don't have to figure everything out separation agreement will have what we call free-trade or language yes and free-trade or language is very important phrase her language essentially says that you can go out and buy property without your spouse and their waiving all rights they would usually have to it because the presumption in North Carolina is that anything bought during the marriage is marital property and that's a pretty big present presumption overcome so it has to be a written express waiver that they're not taking right thing. Your new home and nothing ethically.

A lot of people are selling that marital home that they used to live in and if you want those proceeds to split up in a certain way attorneys like us need some type of written agreement saying were splitting the proceeds 60, 40, 50, 50 and otherwise the rule as we split a half-and-half even if he agreed otherwise to refrigerator term is an angle you see you talk about the value that separation agreement you know if you got things that are contentious if you got things that you are contesting with your spouse. Going to amicably agree to a separation agreement were you guys like you said, each have some say over the alternative is to be a judge's order and end like you said, you can make your suggestions. You can plead your case, but at the end of the day, you know, having retaining some controller that is opposed to everything just being dictated by that order is almost hundred percent of the time to be preferable in the situation we have a person that you can't write in it and it just is what it is right, if at all possible.

Even if you make some concessions you know that the separation agreement rails can give you more control of the alcohol and try to tell people that when it comes the separation agreement. It's not about you coming out with what you think you should have added marriage and neither one of these parties are to be happy about this late, and how all the money in the house and everything happened. The goal is to get you both to a place where you are at least acceptable and can live with it versus being like your best. This is my dream version of how this happens.

It could be worse right always be worse that they could not, I will like to see an attorney in me, but I've always been one of those guys like control which you can control what you know and discover a separation agreement is always everybody's willing again. If you're dealing with someone who's irrational or you know… Willing to even negotiated is nothing include what if if there's anything you can agree on like a separation agreement. You could real time.

The good you could agree on child custody you get child support separate OL postseparation support. You can split up everything you could take care of your whole divorce size. The actual divorce you to hear all your assets everything in a separation agreement. As long as the two parties are agreeable. Now you got to people who are parting ways and so this is not always agreeable and like you said Taylor is hard to find a scenario. She just got a ton of assets where everybody's gone walk away feeling like they didn't get ripped off her you know it's just it's the weighted lot of emotions running hot. You know, even with reasonable but you can take care of a lot of stuff in a separation agreement. Get separated by walls to come and get on with their lives. You know I separation agreement will allow you to go buy a house right right will will allow everyone to know where we stand with the kids in the schedule and and you can kind of function well I the stuff being up in your waiting a year minimum for divorce, minimum, and that separation agreement can be done. Day one after separate so we can take and allow a lot of healing in that that that that process of moving on to to start the separation agreements are even done prior to you actually splitting up and moving out like okay we know this is what were about to do so while we're still working with each other were to go ahead and put this in here put this is our anticipated date of separation and fix everything right now and that something people do to which is perfectly fine.

The only thing a court can touch after you do a separation agreement is child custody and child support. That's always there to be in the judges jurisdiction until the kids are 18 and that being said that's true but at the same time you you can handle those matters by way of a separation in both parties agree on that. No one contested down the line. There's no change of circumstances that can hold up so you roll the better. It's your separation agreements on a magical document.

Our best separation agreement is a contract between two people. It's it's governed by contract, of course, is right can be an issue.

So you you would like a party to breach it right you know of some writers and make their postseparation payment by a certain date.

They breached a contract and that's that's the best the remedy there right you would sue somebody for breach and a lot of separation will say if you see you when you had to fight for breach you get your attorney's fees. It's worth having all of that right now. I like you said, even when it comes to the kids in your waiting a year. The courts that make you go to mediation anyway you separate from your spouse for a year.

Like you said. And if you got kids like there doesn't have to have your kids right now so it's either the court like you said is is gonna be dictating that ahead of time where you're going to come to some agreement that while it may not be perfect if the release can have some say anything when you file in court for child custody court forces you to go to mediation. First, the court wants you to work it out. They might as well start yet in any given there's a caveat.

If you're if your significant others is one of those folks is unreasonable.good place, or some other things going on.

It might be tough and you might be in court, you know, looking for judges assistance to come and get things along with hopefully been on our situation were given our listener pretty good situation where where assuming they can work together but separation agreements are handy and I really think it it enables you again. You got a year to wait but it enables you to move on with your life to get your ducks in a row and get to that next step, the outlaw lies what's up next divorce or family law and family law. LLR Josh Whitaker Jill Hamer Whitaker him a law firms where you can find them of the managing partners. There are also proxy attorneys here in the great state of North Carolina.

Our special guest is Taylor Scruggs Smith makes us look so much better since your you're able to view us if you have a legal question of your own and you need answers. I have a phone number for 800-659-1186 at 800-659-1186. Just leave your contact information briefly with the calls about attorney with with a Hamer will be in touch.

You can always email the program questions asked, the outlaw, that more questions, handling listener questions. If you got questions of your own legal standpoint you need some answers about phone number 4800 659-1186 is 800-659-1186 with the contact information briefly what the calls about attorney with Whitaker Hamer will be in touch.

You guys can discuss.

You can also email your questions to the program questions@theoutlawwillyour.com and we continue we do so we have a list or question show today.

We been that we had a theme that the theme is basely been divorce words are about domestic law, family law issues that come up again. I will remind everybody who may be listening that we are all attorneys boards where all size organisms are all attorneys of the law firm of Whitaker tamer. We are licensed to practice in North Carolina when we answer these listener questions were answering them from our perspective of someone who is resides in is domiciled in North Carolina and so we have had a question come up I will. We talked about the basic legal requirements for divorce. That was her first listener question. Our second listener question today was about the necessity of a separation agreement was separation separation agreement is what it does for you and now we come into our next question that kinda builds on this basely.

This listener is is I'm getting divorced by spouses not going to agree to anything. What are my next steps answer basely the way I think this question is like a there's like to be a separation agreement. They're not going to agree to anything.

In the interim we talked about how you have to be separated for year there not to come to terms on anything what what is this client and for what what what comes next in the situation. Taylor court courts. The big thing that comes next. You guys can't agree about anything, so with court comes having a lot of financials together and ready to go to be filling out a lot of financial worksheets about the value of property about what your regular expenses are here about to fight about alimony because we need to know what all the expenses were on the date of marriage, or like the previous years prior, and what they were on the date of separation you guys a split and get the income is now completely changed because you're not a two income household anymore. We got to know I was really actually need money and who is just spinning.

Maybe on luxury items. They should be spending on with the value of those retirement accounts, but all of that starts with the attorneys getting a lot of financials get a lot, but yet you got to know you know a lot about you know the household power to add what you inherited. What from where. Where did these funds come from for the down payment is house where buddy's spending money on that point I think is important to note, it's not you know in the negotiation process we do affect is been very amicable, but you get to this point gets contentious. The court involved is not. He said she said at that point. Like you said it's hard physical documentation. Thanks.)

Is you're getting.

It's a course yeah you're gonna end up filing a complaint either party you're gonna end up having somebody file an answer back. That's not nice and possibly doing counterclaims on that answer probably got to attorneys on both sides. Hearings on a consent order may be reached because thereby like old man then is this court process, but one can assume that your assuming you're going to a hearing and a judge is that it your all this evidence and make a finding and make an order and there's a lot of person I mean this is this be a lot of personal information that is out there, in a public forum like you may begins arguing we haven't talked about alimony and fault no fault my kind of thing but you may be litigating about extramarital affairs are likely treat your kids are this. This is open up a public form to judge you on a lot of behavior that at least one of the spouses may not want to warn out there, but hey, it can't become so angry. It's good to have come out when it comes to alimony. If there was an extramarital affair by the dependent spouse, they can't try to ask for alimony from the supporting spouse. If both parties had an affair judge's discretion, which means we don't know right back to the relevancy of fall. We talked about how fault is completely irrelevant as to the question of divorce, but we get into these equitable distribution, postseparation support is extremely relevant extra. Here are several factors that are fault based the matter a whole lot yet and the distribution which is how the court splits up your property has 16 factors that can play into an unequal distribution keyword is that if equitable distribution is not equal court tries to make it equal but if there's factors selling extramarital affairs. Misappropriation of marital fines you've been just spinning money left and right are you abandoned the family those things can come and where judges like you know what they deserve more of what's left over because they've had to deal with more or they got more to cover when it comes to child custody standard is the best interest of the child Dolly Turner my people. It's not about whether you like him as a husband, it's about how he is as a father, not about whether you like her as a wife is about how she is the mother so when that means who's taking the kids to school regularly who know their school schedule.

Who knows what homework they got due, who's been speaking to the teachers. The doctors and that's a lot of information and the right remind me of a standup bit is not a funny topic but I the again like us and I live in the real estate transaction world the business law world and we we do a lot of risk management we don't. Things left up to a judge. We want to black-and-white what happens when this happens when this happens when this happens, having this type of all these these very personal things that you're used to having control over where you no longer have control over where were now judges can chime in that I personally find scary and sometimes though you have to especially if there's been any accusations of sometimes domestic violence.

You know those two people are never going to agree there might even be a domestic violence protection order saying they can even talk with each other and sometimes there are situations where no itself that is so contentious because the courtroom is not fun for people. I mean other than us were lawyers but right everything else is not fun for last but when the litigation is expensive to write a massive thing to think, to a divorce, civil divorce may cost this a separation agreement may cause this per hour litigation, real going to trial litigation is is not cheap and is unpredictable and it's time-consuming exactly because everybody things you filing your Libyan court in a month know you cannot be in court for six months to a year because there's discovery going back and forth. People made motions about ecological evaluations, there can be several other things going on before judging.

And here's the merits of the case. All all very good reasons. If you're in the situation you know we we we hope all of our listeners are not having to worry about this kind of thing in our life.

But if you're in the situation you have is not us. I hope you would call Whitaker name is not us. It is 100% worth your time to consult with an attorney trust attorney that you know is knowledgeable don't go console with me Josh.

The real estate attorney about your divorce might be very helpful, but you can call us and consult with Taylor will be very helpful but it's it's something you don't want to underestimate the importance the lawyer just Whitaker and Joe Hamer in our special guest Taylor Scruggs Smith, also an attorney at Whitaker and Hamer I would take a short break come back and will wrap up this program, but if you got a legal situation that you're facing, and you've got questions, maybe this divorce issue is hitting home with you. You need some answers. Here's the number 800-659-1186. That's 800-659-1186 lead contact information with what the call is about an attorney with Whitaker Hamer will be in touch have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia on the Starbucks world there everywhere, so get in touch if you have questions you can also email the show questions have back just Whitaker and Joe Hamer again Whitaker him a law firm in their special guest little bit of time. So let's get right to it. I will wrap it up wanting a second. We will establish that our three listener questions were all done. One thing I want to get out there and is not necessarily legal we see it a lot because we do a lot of really had a lot of real estate transactions right to provide a house.

If you get a refinance or selling a house that something our firm need an attorney to help you that something our firm does a lot of it's a week.

We cannot really plug into the real estate market. As a result.

And right now it's bananas. I know we saw there's a viral video and it was on our reasonable social media.

We shared it seems there's a viral video nationwide right local real estate agent here in town that week that we work with the video. Everybody wanted up down the street to look at a house that was on the market. A good size house two 6250 out to 60 fell in that range of which is way different than 250 or 260 was like even to three price right now think the average in wake County. I think the register of deeds when he updated the average cell in the in wake County was about 420s or in wake County. This house is, under the median value or no changes every 30 seconds with median value is ops. This was a what I would call an affordable house unicorn first-time homebuyer market ranges like under that 300,000 mark and that video was so craving with so viral so quick they were.

There were people lined up to to look at this house, and it is just down the street moved like the fair was in town or something. Just this this all these people come to look at this unicorn of a house and so we have any tailgating going on quite a bit though they updated it and said that that house actually went for 70 K over asking price for 200 was it was 250 we'll know exactly what it was blues and it rained for $250,000 house.

Tons of people looking at it. The offer that was accepted by the sellers that closed appears to be from the report that we saw no inside knowledge here 70 grand over the asking price of the splice house is: up to 50 sold for 320 which will never appraise so it's gotta be a cash deal correct whether I think the way it works is the buyer might have to read it as your appraisal doesn't necessary assert your loaner car to put 10% down and it only appraise for 300 and you're just going with extra and that's a commonality in today's market. Just because of the ridiculous prices that we see why so I don't I don't know what the daily numbers are but wake County were coming to a point were up close to being under 500 active listings on the market at a time were normally 10 to 15,000 would would be normally we just taken down, taken down and and until you answer this to you just you just went hunting for a house. Yes, I just finally close think Dennis but all my like being a buyer out there and I market right now. It's crazy. Sellers are asking for like 30,000 in due diligence and that's just to have the time to inspect the property for yourself. Not to say you're actually close on and that's and that's one of those things where we could do an in-depth deep dive on just the concept of due diligence, but that's not like something that you're likely to get back is like a very narrow set of circumstances were doing that $50,000 of financing its desperation and a lot of sight unseen offers. Getting accepted right now.

I know when I was doing my search of property would say that you know they could start open house on Friday.

By Friday or know by Thursday night there. Are you telling everybody. The houses are, even if the old and they've Artie accepted an offer don't come that would like before you can go look there already selling it. I was saying. With the growth in the area with everybody. All these companies moving in stock a change that. This is our new arena bubble where this is going to be, normal.

You can you can argue about the are we going into a recession.

You may always national arguments where the economies headed and what it's doing but on the ground here, man. The real estate market is just but is just crazy and is good to be crazy for a long time. I don't think a recession necessarily or interest rates are going up in a minute necessarily changes anything because there's no supply.

We have a a lot of demand and no supply and very little supply even on the appraisal for the property.

I am purchasing they had to make an adjustment for the aggregate market on the appraisal like it's written on your appraisal like this would normally be, but is presenting a lot of legal questions you were talking about the real estate market in general, where attorneys but you know what you try my due diligence before offering allotted due diligence, sight unseen life down there yeah let the seller stay in the is all these things going on because it's I don't know that I've never seen a stronger seller market then they will receive files very should be very fell out that Avery you got going to sell you sell now finally back in the property that we live in the streets with wet way whereby we can cycle a list of questions today. The more these listener questions that lot of fun and big treat have entails Greg Smith on with us today our lives we've got another episode in the books.

You can get in touch if you have a legal question you can call 800-659-1186 at 800-659-1186 leave your contact information briefly with calls about an attorney with with her name or I will be in touch email program questions after yellow line, Joe Hamer, Josh Whitaker enforce our. To I'm Patrick is an attorney licensed to practice law in some of the just.

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