Winston-Salem Legal Issues Blog

Some North Carolina couples reach a point where they want to consider ending a marriage that's no longer working for them. Taking this step isn't unheard of. After all, about half of all first marriages end in divorce. The stats are even more alarming for subsequent trips down the aisle. Barring instances of spousal abuse or violence, it's generally advised that couples consider the possible financial challenges that legally splitting may present.

First, there are legal fees. Even when a separating spouse works with an affordable family law attorney, costs could still add up if a couple ends up bickering about every detail. Plus, there may be additional fees involved with hiring a real estate agent, a financial planner and other professionals. Some exes also have added expenses for counseling if there are serious emotional issues associated with the end of a marriage.

When people in North Carolina face arson charges after a fire, they may not be aware of the different types of allegations that may be involved. Under state law, arson is considered a more serious form of property crime than vandalism or similar offenses. If people were present at the time of the fire, additional charges could also be added. However, even if no one else was present, the likelihood of injury to passers-by or emergency response personnel may be cited to justify higher sentencing requests.

There are two different degrees of arson in North Carolina law. First-degree arson applies to intentional burning of a home, mobile home or trailer while the structure was occupied. On the other hand, second-degree arson involves burning an unoccupied structure. While first-degree arson is a class D felony, second-degree arson is considered a Class G felony. There are also separate Class H felony charges for people accused of burning schools, churches, religious buildings or government structures.

Money problems are one of the leading causes of divorce in the United States, and debt is especially known to be a relationship terminator. Nearly 50 percent of all couples go into their marriages with debt already accumulated, creating an uphill battle. Partners often disagree about who is more responsible for their financial woes, and concerns about the problem lead to a lack of communication and increased fighting about money in general.

While money is one of the most common causes of divorce, often couples don't recognize this fact when going through the legal process. This is likely due to all the stresses that come from not being secure about the future. Worrying about medical costs, rent, childcare, and other expenses can cause anxiety that spreads out into other aspects of a relationship. Getting rid of these concerns may strengthen every other part of the marriage.

People in North Carolina may be wise to consider the effects their divorce could have on tax planning. This is especially true for people with significant assets, particularly when one spouse is the primary breadwinner. Spousal support taxation will be handled differently for people who finalize their divorces after Dec. 31, 2018, due to changes included in the Tax Cuts and Jobs Act passed in late 2017.

Spousal support is often agreed upon or ordered in a high-asset divorce where one spouse substantially out-earns the other, especially when the other spouse has been a stay-at-home parent. For decades, spousal support payments have been tax deductible to the payer and taxable for the recipient. This arrangement results in an overall tax savings as taxes are paid at the income level of the lower-income person. In addition, the tax deduction created a strong incentive for the higher-earning party to agree to generous spousal support payments, often expediting divorce negotiations.