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What are some divorce facts you need to know?

Is a divorce right for you? What can you do if you don't think your spouse will split property with you equally?

These are some common questions those considering divorce may have. Your attorney can help you navigate the divorce process as smoothly as possible, but going into the process with some of your questions answered can help.

Can a husband and wife use the same attorney?

That's not allowed by law, even if you and your spouse still get along. The fact is that attorneys are bound by law to represent only one side of a case, even if that case doesn't have significant problems from either side.

What happens if you can't make an agreement with your spouse about alimony, child support or other concerns?

In most cases, you have several options. You could try mediation or you could continue to negotiate. If you really can't make any headway in your negotiations, then a judge can hear the case and make a decision based on evidence provided by either side. In general, it's usually more beneficial to both parties to resolve issues outside the court room.

Will the property belonging to the couple be divided equally?

In most cases, no. Although items may be divided equitably, that's not the same as dividing them equally. Marital property should be divided equally, although property owned before the marriage may not be able to be divided at all. Because of that, one spouse may appear to come out of the divorce with more than the other, but it's simply a matter of premarital property vs. marital property.

Source: North Carolina Advocates for Justice, "Separation and Divorce," accessed Feb. 05, 2016

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