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Practical Matters

Litigation often spawns more litigation. To determine whether certain issues are worth litigating, you must weigh the price you will pay with your time, emotions, and money, against the anticipated outcome and its benefit to you. Again, your attorney will advise you on these matters.

Dating prior to the final divorce: Don’t, unless your attorney has specifically advised you that it is okay. Dating prior to final divorce, or the signing of a Separation Agreement, could be construed as corroborative evidence that you were most likely dating or committing a similar act of marital misconduct prior to separation. At best, your dating prior to divorce, or the signing of a Separation Agreement may escalate the level of your spouse’s anger thereby making it more difficult for your attorney to resolve your case quickly. Only your attorney, not you, your family, friends, or acquaintances, is qualified to determine whether you will jeopardize your case by dating after separation and prior to a final divorce. Not even another attorney can make this determination unless he/she is as fully versed in the facts of your case as is the attorney you have hired to represent you.

Money: If you do not have sufficient funds to survive until your case is resolved, including payment of your legal fees, you should advise your attorney at the initial interview. This is not to say that all your financial problems can be resolved immediately. However, there may be legal means available to ensure you are able to survive financially until your case is resolved.

Changing Locks, Credit, Moving Out of Town, Whether You Should Work, Etc.: As your case progresses, you may have many questions of a practical nature. Don’t just assume that your instincts are right! Ask your attorney before making a decision. He will advise you to act in such a way that you do not jeopardize or further complicate your case.

This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.

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