How Do You Know It’s Time to Divorce?

Many people have difficulty reaching the decision to get a divorce, even when it’s the right thing to do. It represents a huge loss. Some people consider divorce a personal failing, though in fact it’s a positive step in many situations. Anyone considering divorce is right to take the time necessary to make sure it is the proper step for you to take and to weigh its impact on any children of the marriage.

There are telltale signs that it’s time for a divorce and some steps you should consider before you seek a divorce. Below, we look at how you can know when it’s time to seek a divorce. The North Carolina family law attorneys of Younce, Vtipil, Baznik & Banks, P.A., have helped many people in Raleigh and central North Carolina change their lives for the better by assisting them with divorce and separation agreements, child custody arrangements, and other issues surrounding divorce.

If you’ve concluded that divorce is the answer to your unhappiness, call Younce, Vtipil, Baznik & Banks at (919) 351-8827 or reach out to us online to schedule a consultation.

Why and When to Consider Divorce

Marriages ebb and flow. As newlyweds become parents with families and then transition to empty nesters and eventually retirees, individuals’ needs, desires, and outlooks invariably change. Some couples grow apart although nothing, in particular, has gone wrong. It has been said that marriages don’t break; they erode over time as one or both partners’ needs go unmet.

In other cases, some action on the part of one spouse or both breaks the bond and wrecks the marriage. From relationship experts to academic studies to our own experience as divorce attorneys, we see the most common specific causes of divorce again and again:

• Infidelity
• Overwhelming financial problems
• Domestic violence
• Substance abuse
• Emotional trauma, such as a major illness or death of a child
• Ongoing conflict and irreconcilable differences.

We have found that when a couple is headed to divorce, one or the other spouse is continually unhappy or has lost respect for the other. They feel like they don’t find support for their goals or values.  In many cases, physical attraction to one another and intimacy are just a memory.

Couples who are fighting often find themselves returning to the same old hurtful issues repeatedly or hurling increasingly mean insults

In marriages such as these, if marital counseling has not improved the situation, it may be time to consider separation and divorce. No one should have to endure constant unhappiness, hurt, anger, fear, or loneliness.

Can My Marriage Be Saved? Things to Consider Before Divorce

Divorce can be an emotionally draining process. It can have negative financial consequences, as well. On the other hand, there are health advantages to being married — especially for men. Any couple should want to fight to preserve their marriage, except in situations involving an abusive relationship (which we can help you escape),

North Carolina divorce law gives a married couple time to consider their prospects for staying together before they may obtain a divorce. North Carolina is a no-fault divorce state, meaning you do not have to prove infidelity, abuse, or any other reason to end your marriage. But divorce is only available after a one-year separation. This means the couple must live apart for at least 12 months before being eligible to receive an absolute divorce.

A period of separation from your spouse provides time to consider what divorce will mean to your life. At the end of the separation, you should have a better idea of what you each want.

During or before a separation, you should consider:

• You might work with a marriage counselor or a religious leader and may seek counseling together or on your own. A qualified counselor will make you feel safe to open up about the issues affecting your marriage and help you cope with the emotions that arise. He or she should help you learn to talk to each other with positive results instead of causing additional strife. At the least, you should come to understand your marriage better.
• Specific problem areas. Can you identify the issues that are driving you apart? If you can agree on the problem issues, then you may be able to work on or even resolve them. Here’s an exercise: each of you should make a list of what you think you need to do to save the marriage and then a list of what your spouse needs to do. Compare and see where there is agreement and an opportunity to work on your marital problems.
• Financial impact. North Carolina law requires an equitable division of marital assets as part of a divorce. This means money, retirement accounts, insurance, and personal property, as well as your debts, will be divided between you (with allowances for need and ability). For most people, it means a significant change. Make a list of your assets and debts and consider meeting with a financial adviser and a lawyer to get an idea of what a divorce will cost you.
• Is there any love left? Some couples fall out of love because they let it happen. Busy careers or divergent interests keep them apart. One day they realize they don’t mean that much to each other. Before splitting up, take some time to be together and see whether what you use to feel for each other can be rekindled. Try a couple of evenings at places you enjoyed early in your relationship. If that works out, maybe a weekend away and then a longer vacation, all focusing on the two of you as a couple. You’ll know quickly whether this is a path to pursue.

Our Raleigh Divorce Lawyer Can Help

It’s unfortunate, but some marriages should come to an end. When handled correctly, a divorce can lead to a better life for each spouse. If you live in the Raleigh, NC, area and see the signs that it’s time for a divorce, contact the Raleigh divorce attorneys at Younce, Vtipil, Baznik & Banks. Schedule a consultation about your legal rights and options and the experienced and skilled legal representation we can provide to you.

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Division of Unvested Restricted Stock Units During Divorce

RSU in Divorce

Many companies in the Triangle offer shares of restricted stock to attract and retain employees. The restricted stock units, or RSUs, are redeemable after the employee has worked at the company a certain number of years or met certain performance goals.

The value of RSUs can become an issue when considering the equitable division of marital property in separation and divorce—especially if the RSUs are unvested. The value of a new company’s stock can fluctuate considerably. If the employee is not vested in the stock plan, it can be challenging to determine the fair value of unvested restricted stock units.

The divorce lawyers at Younce, Vtipil, Baznik & Banks work to protect clients’ financial interests as they go through separation and divorce and divide marital property. If you or your spouse has unvested RSUs that are considered a part of marital assets to be divided, we can help you with strategies for meeting the requirements of North Carolina divorce law in a manner that benefits you.

What Are Restricted Stock Units?

A restricted stock unit is a financial share in the issuing company, like any other company stock. The shares are “restricted” because they only attain value when the holder becomes vested in the stock plan and cannot be sold or traded beforehand.

By issuing RSUs as part of a compensation package and requiring years of employment or certain job performance milestones for the stock to attain value, employers use RSUs as an incentive to retain talent. Vesting may occur all at once (100% vested) or in stages, such as 40% of issued shares vesting at three years of employment and 100% at five years.

If an employee leaves the company before they are vested, they usually forfeit any unvested RSUs issued in their name.

Restricted stock units are typically issued over time and are assigned a fair market value when they vest. They are then counted as income, and a portion of the shares is withheld to pay the holder’s income taxes. The employee receives the remaining shares and is free to sell the shares or hold onto them in hopes that their value will increase. In publicly held companies, RSUs may convert to common shares of stock upon vesting.

Because RSUs have no real value until they vest, startups can issue them without immediate expense while capital is dedicated to building the new company. If the company fails, the value of the RSUs and the amount the company must pay out falls accordingly.

How Unvested RSUs Impact Your Separation Agreement and Divorce

One of the most contentious issues in a divorce is often the equitable division of marital property. The presumption is that the net marital estate will be divided in a manner that ensures each party receives a fair share. The marital estate is based on the total value of the assets and debts held jointly by the divorcing spouses.

In North Carolina, both vested and non-vested stock options are subject to distribution. If one spouse has been issued unvested restricted stock units, their disposition will become part of the separation agreement. This requires determining whether the unvested RSUs are marital property, and if they are, their value, and then how they are to be divided.

Are RSUs marital property?

Marital property is assets acquired during the marriage. RSUs are granted to an employee for specific periods of work or for performance during a specific period. If some of the unvested RSUs held in a spouse’s name were for periods before the marriage or after the date of separation, they could be excluded from marital property subject to distribution.

We would expect the judge hearing a separation agreement to look at the period the RSU was issued for, not the date of issuance. For example, if RSUs are accrued annually and issued each January but the couple separated September 30, two-thirds of the first RSUs issued after the marriage ended should still be considered marital property.

We would seek the spouse’s employment contract, employee handbook, and other documents to determine how restricted stock options are issued and the number of units issued in each grant of RSUs received so far.

How do you value unvested RSUs?

Obviously, the spouse who is to receive proceeds from their estranged spouse’s unvested RSUs wants them valued higher and the spouse holding the RSUs wants them valued lower at this point in time.

The simplest thing to do is to come to an agreement on a value. If other employees’ shares have vested, the company may be able to state a recent stock value. If the company is publicly traded, you could go by the current value of common shares, as well as financial statements.

If the company cannot provide helpful documentation, determining the potential value of unvested RSUs may require the services of a forensic accountant.

One valuation method, the Black-Scholes formula, produces a theoretical estimate of the value based on derivative investment instruments. Another approach common in North Carolina is the “coverture fraction,” typically used to value qualifying retirement plans. This formula divides the length of time a spouse was simultaneously married and earning stock options/units by the total length of employment during which the options/units were earned.

How do we divide unvested RSUs in a divorce?

There are two ways to divide RSUs once we have agreed to their worth:

• Buyout. The spouse who earned the RSUs keeps them and pays the other spouse half of the agreed-upon value.
• Deferred division. The spouse who earned the RSUs holds them until fully vested and then sells them and splits proceeds with their former spouse.

Neither choice is without risk. The spouse who agrees to a buyout could watch with no recourse as the value of the stock soared afterward. While waiting for a deferred sale, the company could go under or the spouse could become separated from the company before being vested.

Because the value of unvested RSUs is up for negotiation, another approach is to find another asset to give or receive in lieu of a stake in the unvested RSUs.

Contact Our Equitable Distribution Divorce Attorneys

There are multiple factors to consider when dividing restricted stock or other marital assets during a separation and divorce. The experienced Raleigh divorce attorneys at Younce, Vtipil, Baznik & Banks, P.A., can help you weigh all of your options and introduce you to strategies to protect your financial interests.

Contact us today at 919-661-9000 or schedule a free consultation online about how we can assist you.

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What You Need to Prove in a Slip-and-Fall Case

Every year, millions of people slip and fall in accidents and hurt themselves. One out of five falls causes a serious injury, such as a broken bone or a head injury. Falls are the most common cause of traumatic brain injuries (TBIs) and cause 95% of hip fractures. Both brain injuries and broken hips may be permanently disabling.

When a slip-and-fall accident occurs because of unsafe conditions on another person’s property, the individual injured may be entitled to seek compensation from the negligent property owner. Property owners have a legal obligation to take reasonable steps to maintain their property to protect anyone who legally visits their premises. When a property owner shirks his or her responsibility and someone is injured as a result, the property owner may be financially liable for the injured person’s medical bills and related losses.

If you have been seriously injured in a slip-and-fall accident caused by someone else’s negligence, you may seek compensation for your medical expenses and more. To recover a settlement, you will need to prove the property owner was at fault and caused your injury. The slip-and-fall accident lawyers of Younce, Vtipil, Baznik & Banks, P.A., can help you pursue a slip-and-fall accident claim in Raleigh and the surrounding areas.

How To Prove Negligence in a Slip And Fall

In a slip-and-fall claim, the injured person must prove the defendant’s negligence, or fault, for their injury. Under North Carolina’s strict rules, the injured person cannot recover compensation if he or she did anything to contribute to the accident.

To prove a defendant’s negligence, a plaintiff must show:

• The defendant had legal responsibility for the safety of the injured person
• The defendant breached that duty by failing to keep up the property or address an unsafe condition
• The breach of duty caused the plaintiff’s injury
• The defendant should have foreseen the likelihood that someone would be harmed by their action or failure to act
• The injury resulted in compensable costs and losses.

A slip-and-fall accident claim states that the injured person fell and sustained an injury on the property because of a hazard the property owner knew existed or should have known existed and failed to correct or warn about in a timely manner.

For a successful claim, you will need to gather evidence to show that the property owner or property manager:

• Breached his or her duty to keep the premises safe for legal visitors by causing or allowing a hazard to exist within the building or on the grounds
• Should have known about the hazard
• Or was aware of the hazard but did nothing to address it
• Or took inadequate steps to mitigate the hazard or warn visitors about it
• The hazard caused the plaintiff to fall
• The fall caused the plaintiff physical and/or mental injury, which resulted in compensable damages.

The injured person’s claim for compensation would go to the defendant’s insurance company, which would determine whether to pay the claim and, if so, how much to offer to settle it. In addition to outlining evidence of the property owner’s liability, a demand letter would state the compensation owed to the plaintiff. The amount paid may be subject to negotiation.

To have the best chance of success, an injured person should enlist the help of an experienced Raleigh slip-and-fall injury lawyer to gather evidence, develop a persuasive case and negotiate with the insurance company for a just settlement.

Compensation Available in Slip-and-Fall Cases

Compensation paid in a slip-and-fall claim is meant to make the injured person financially whole. Settlements are often thought of as economic damages (for quantifiable costs such as medical bills and lost income) and non-economic damages (for intangible losses such as emotional suffering).

Compensation recovered in a slip-and-fall case may include money for:

• Medical expenses related to the injury, including emergency room treatment, surgery, costs of rehabilitation, assistive devices such as crutches or a wheelchair, or nursing or personal assistance
• Lost wages during time away from work
• Diminished earning capacity in cases of ongoing disabilities
• Pain and suffering
• Emotional distress
• Future medical costs if your injuries will require ongoing medical care
• Loss of enjoyment of life
• Loss of consortium

A demand letter to an insurer or a formal lawsuit would state the amount of compensation sought. To determine the appropriate amount to seek, we would add up quantifiable costs and separately determine a figure for non-economic damages. Typically, noneconomic damages due are calculated as a multiple of economic damages, according to the severity of the injuries.

Evidence in Slip-and-Fall Cases

To win a slip-and-fall case, we must persuade the property owner’s insurance company or a jury that the property owner was at fault and the plaintiff was hurt through no fault of his or her own. Evidence may come from any combination of:

• Witness statements, from the accident victim, the accident victim’s companions or others who saw the accident, or employees who can testify about the condition of the property
• Accident reports filed with the property owner or business or by emergency responders
• Photos or video from security cameras or witnesses’ phones that may depict the hazard and/or the accident happening
• Property maintenance records that may indicate that the need for repairs was known but put off
• Expert witnesses who may testify about proper/improper maintenance or use of the property, and the connection between the dangerous property conditions and the plaintiff’s injury.

Showing That You Were Not Being Careless

An insurance company may attempt to show that the injured person was acting carelessly when the accident occurred and therefore contributed to his or her own injuries. If a property owner in North Carolina can show that the injured person contributed to the slip-and-fall accident in any way, then the victim is not entitled to collect compensation. The rule of thumb is that the property owner is not responsible for someone hurt by a hazard that a reasonable person would have recognized and known to avoid.

For example, if the injured person was not paying attention when he or she encountered a hazard that led to the accident, then the accident victim would have a weaker claim. This includes someone who was talking on a phone, texting or otherwise looking at a screen, turning to talk to someone or carrying objects that obscured the view of the hazard.

A property owner may post barriers or warning signs to mitigate a hazard they cannot remove right away. Their insurer may argue that these barriers or signs were adequate to alert a reasonable person to the danger. However, some warnings, such as a handwritten sign taped to a wall or a single yellow caution cone may not necessarily be adequate.

Property owners also are given some leeway to respond in a timely manner to a newly formed hazard, such as a spill in a grocery store or snow and ice on a sidewalk. If an accident occurred before the property owner had a reasonable opportunity to discover it and address the problem, a jury might be persuaded the property owner was not at fault.

Finally, an accident victim who was trespassing when he or she fell typically does not have a legitimate claim. However, different rules apply for children who are too young to understand the potential danger of certain situations.

Contact a Slip-and-Fall Attorney

If you have been seriously injured in a slip-and-fall accident that occurred on someone else’s property and was not your fault, you may be due compensation for your medical bills and losses. The personal injury lawyers at Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, N.C., can investigate the accident to determine what compensation you are eligible to claim and aggressively pursue a settlement for you.

It is best to begin gathering evidence after a slip-and-fall accident as soon as possible. Contact us today for a free consultation with an experienced and compassionate North Carolina slip-and-fall lawyer. Phone 919-351-8757 or reach out online.

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