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  • Dividing Property In Divorce - How Does it Work?

    If you are separated from your spouse or thinking about separating from your spouse, you need to begin planning for the division of your marital assets and debts. Any property acquired during your marriage will be considered marital (except property acquired by gift or inheritance to only one spouse). Any debts acquired during your marriage will also be considered marital, so long as the debts ...
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  • Child Custody in North Carolina

    How to get child custody in Raleigh Custody of a minor child may be decided through either an agreement between the parents or by a judge. In Raleigh, North Carolina, custody may be awarded to either one or both parents, another person (such as a grandparent), an organization, or an agency. A judge decides custody placement based on what is in the best interests of the child. In order for a judge ...
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  • Is Common Law Marriage Recognized in North Carolina?

    Common law marriage is a term used for a marriage that is considered to exist by both partners’ consent, but has not actually been performed or registered with a state or church. The marriage is implied simply by the fact that the couple presents themselves as having been married. In most states that allow for the formation of a common law marriage, the parties must have intended to be married, ...
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  • Are Retirement Accounts Considered Marital Assets in a NC Divorce?

    When going through a divorce in North Carolina, one of the most common questions people have is “what will happen to my retirement accounts?” Tangible items such as cars and personal belongings are typically easier to divide because what is “marital” or “separate” property typically depends on when that property was obtained. Retirement accounts, however, can be part marital and part separate, ...
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  • Divorce Custody & Surviving The Holidays

    The holidays are a time for celebration and spending time together with the ones you love. Every holiday song repeats the message of love, sharing, and family. For a recently-divorced or separated person in North Carolina, however, the holiday time can be especially stressful and difficult. Co-parenting during the holidays can be particularly challenging. So what can you do to try to ensure the ...
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  • Alienation of Affection in NC

    What is Alienation of Affection? North Carolina is one of only a few states that recognizes the tort of alienation of affection . Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived him or her of the love and affection of his or her spouse. While this tort can be used to sue any third party, including meddling in-laws, it is typically used to sue a spouse’s ...
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  • Filing For Divorce in North Carolina: Process and Costs

    Going through a divorce can be a stressful and complicated experience. Regardless of the length of your marriage, a divorce judgment has numerous legal implications. Speaking with a North Carolina family law attorney when considering a divorce will help you understand the divorce process, the cost of divorce, the potential pitfalls, and the legal effect of obtaining a divorce. Every divorce is as ...
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  • Divorce vs. Legal Separation in NC; which is better?

    What is the difference between absolute divorce and legal separation in North Carolina ? The former concludes in a final judgment dissolving the marriage, while the latter can usually be reversed simply by entering into a new agreement with your spouse and/or resuming living together as a married couple. In order to obtain a divorce in North Carolina, the parties must be separated for a period of ...
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  • Separation in North Carolina

    Before the court will grant an absolute divorce in North Carolina , one must be legally separated for over one year. The date of legal separation is considered to be the date on which one or both parties move from the marital residence to a separate location with the intention of a permanent separation. One cannot live under the same roof as a spouse and be legally separated, even if a separation ...
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  • How Social Media Can Affect Your Case

    We’ve all heard cautionary tales of job seekers having been denied positions or promotions due to questionable online activity, including dubious pictures or postings. However, few of us consider the potential effect social media and digital communications can have on family law and divorce proceedings. A misguided Facebook post or tweet can have implications far beyond the immediate by creating ...
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  • How Does Child Support Work in North Carolina?

    Both parents are responsible for providing child support in North Carolina . However, only the non-custodial parent must make support payments if this parent has less than 123 overnights per year with the child. In such cases, the custodial parent (the parent having more than 242 overnights with the child) is already assumed to be spending the required amount on the minor child directly. Payments ...
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  • Understanding Post-Separation Support

    It costs more to run two households than it does to run one. It stands to reason that a dependent spouse may have problems making ends meet while going through the process of divorce . “Post-separation support” (temporary alimony) is a form of spousal support meant to bridge the gap between the time when one first separates from his or her spouse and obtaining long-term spousal support, called ...
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  • How Do I Change My Name After A Divorce?

    While changing your name after a divorce might seem like the last of your concerns, you may choose to do so, as it can help bring closure. If you’ve asked yourself: “ How do I change my name after my divorce? ” there is no need to worry. It may seem complicated, but actually the process is fairly straightforward. You may petition to change your name at the time of divorce in conjunction with the ...
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  • How Do I File For a Divorce in North Carolina?

    Let’s assume for a moment that you’ve met the minimum requirements for filing for divorce in North Carolina. You’ve been a resident of the state for 6 months and have lived apart from your spouse for at least one full year prior to the day that you file for divorce. At this point, you may be asking yourself… What do I do now? The process of divorce can be trying, even under the best of ...
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  • Can I Date While Separated?

    Others may have encouraged you to do so, advising you that making social acquaintances outside of your married circle of friends will be therapeutic. It’s important for your self-esteem, you tell yourself. And besides, you and your spouse have verbally agreed to date other people. Not so fast. The answer to the question, “Can I date while separated?” is more complex than one may think. Dating ...
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