Divorce

Recent Posts in Divorce Category

  • 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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  • 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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  • 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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  • 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 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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  • How to Turn Your Case Into the Divorce From Hell

    Let’s face it, divorce is no fun. It is a painful, traumatic, terrible time in your life. If you really want to suffer, however, you can take steps, ratchet up the heat, and turn your divorce into the “Divorce From Hell.” View full article… Divorce From Hell This article was published in Family Advocate, Vol. 34, No. 1.
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  • Pounding The Pavement

    Divorce may force you out into the workforce or into a classroom. The end of a marriage often marks a time when a homemaker may need to consider acquiring job skills and/or returning to the workforce. Similarly, a spouse who has been employed part-time or only on an intermittent basis may be asked to become more self-supporting. A dissolution proceeding is also a time when one spouse or the other ...
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  • Your Alimony Aptitude: What Type of Alimony Do You Need & How Will the Court See It?

    By Gregory Forman When considering alimony (sometimes referred to as maintenance), it is important to understand the four basic types of alimony. 1. Permanent periodic alimony : a fixed amount paid at fixed intervals (typically monthly). It does not end until the payor dies or the supported spouse remarries or dies, but it can be modified upon a showing of a change in circumstances. 2. ...
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  • Family Law Legislative Update

    Amendments and Clarifications to Adoption Law. Section 1 of this bill provides that an adoption pre-placement assessment required to be updated to meet North Carolina’s requirements for such assessments (set forth in G.S. § 48-1-109 (b) (1)-(2) and G.S. 48-3-303 (c)-(h)) can now be updated by a person. HB 1106 / SL 2009-185 – Amendments and Clarifications to Adoption Law. Section 1 of this bill ...
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