In this blog: North Carolina generally presumes an equal division of marital and divisible property is equitable, although courts may consider factors supporting a different result.High-asset divorces may involve closely held businesses, investment accounts, real estate, retirement assets, deferred compensation, and substantial debt.Classification and valuation can have a major influence on which assets are Read More
What to Know Before You Pursue Divorce in North Carolina
In this blog: North Carolina spouses generally must live in separate residences for at least one year and one day before pursuing an absolute divorce.Property division and alimony claims generally must be asserted before the divorce becomes final or those rights may be lost.Custody and child support may be addressed separately from the divorce itself.Reviewing finances, parenting concerns, and long-term Read More
CAN YOU FORCE A SPOUSE TO LEAVE THE HOUSE IF YOU WANT TO SEPARATE?
In North Carolina, you cannot unilaterally force a spouse to leave the marital home, even if you own it solely, without a court order or a signed Separation Agreement. The reason for this is because both spouses have an equal right to remain in the home until a judge orders one spouse to move out or if there is a signed Separation Agreement in place, which requires the consent of both parties, and a spouse Read More
NEW YEAR – NEW START!
ARE JANUARY AND FEBRUARY THE MOST POPULAR DIVORCE MONTHS? Family lawyers tend to refer to January and February as the “National divorce months” due to the high number of people filing for divorce after the new year. Why is this and is there any truth to this assumption? Statistically, family law firms have reported increased divorce filings in the months of January and February as compared to the other months of the Read More
5 tips to deal with stressful divorce situations during the holidays
The holidays can be stressful and trigger sad feelings, especially when you are going through a divorce. The holidays tend to remind people of the good times or how different your life is now. Here are 5 tips to help you cope with divorce and separation during the holidays:Recognize your emotions and honor them. Keep lines of communication open to family, friends and your therapist, and stay busy so you do not bear Read More
Alimony and Spousal Support in Divorce
What is alimony? Alimony in North Carolina is an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum amount for a specified or indefinite term, ordered in an action for divorce or an action for alimony without divorce. N.C. Gen. Stat. §50-16.1A(1). Alimony is not automatically awarded in divorce proceedings. The court must first determine that one spouse is Read More
Important tips to consider when going through a child custody dispute
First, it is important to know your options in a custody case. The parents of shared children have the ability to negotiate and compromise to determine the best physical custody arrangement for their children. If the parents reach an agreement regarding child custody, a qualified family law attorney can draft a parenting agreement outlining the details of the child custody arrangement. If an agreement cannot be Read More
What is Family Law?
Family law deals specifically with the familial unit; spouses, parents and minor children. There are times where extended family members (i.e., grandparents, cousins, etc.) and interested parties (i.e., foster parents) are brought into family law matters, but the majority of cases are focused on the immediate family. Family law covers divorce, divorce from bed and board, equitable distribution, alimony, Read More
When is it Okay to Date Again After Divorce?
One of the most frequent questions people want to know about divorce is: “When is it okay to start dating again?”What does it mean to be legally separated in North Carolina?First, in North Carolina, a legal separation means that both parties are physically separated from one another and are no longer living in the same residence, with at least one party having the intent to divorce. You must be physically Read More
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