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  • alienation of affection

    The latest posts for alienation of affection are listed below.
    • Alienation of Affection in NC

      What is Alienation of Affection? North Carolina is one of only a few states recognizing the tort of alienation of affection. Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived them of the love and affection of their spouse. While this tort can sue any third party, including meddling in-laws, it is typically used to sue a spouse’s paramour (extramarital ...
    • Bill Signed by Governor Makes Significant Change to North Carolina Marital Law

      A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

    alimony

    The latest posts for alimony are listed below.
    • NC Alimony Laws: What Type of Alimony Do You Need & How Long Does it Last?

      By Gregory Forman The Different Types of Alimony in NC Does North Carolina have alimony? Yes, 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 ...
    • Even During Divorce, That Tax Man Cometh. But You Do Have Filing Options?

      As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...

    alimony in nc

    The latest posts for alimony in nc are listed below.
    • Even During Divorce, That Tax Man Cometh. But You Do Have Filing Options?

      As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...

    changing your name after a divorce

    The latest posts for changing your name after a divorce are listed below.
    • 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 ...

    child support

    The latest posts for child support are listed below.
    • 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 ...

    common law

    The latest posts for common law are listed below.
    • Is Common Law Marriage Recognized in North Carolina?

      What is Common Law Marriage in NC? 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 lives together and presents themselves as having been married. In most states that allow for the formation of a common law ...

    co-parenting

    The latest posts for co-parenting are listed below.
    • Alienation of Affection in NC

      What is Alienation of Affection? North Carolina is one of only a few states recognizing the tort of alienation of affection. Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived them of the love and affection of their spouse. While this tort can sue any third party, including meddling in-laws, it is typically used to sue a spouse’s paramour (extramarital ...
    • Tips on How to Effectively Co-Parent During the Holidays

      Divorce can be hard for a family to endure, especially when children are involved. If you and your spouse recently split, you might be wondering how the two of you will be able to navigate this holiday season with your children in the most effective and least stressful way possible. After all, the holidays are already often hectic and frustrating enough and divorce undoubtedly brings additional ...
    • 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 ...

    cost of divorce

    The latest posts for cost of divorce are listed below.
    • Capturing Costs & Containing the Bill: Make Decisions That Will Help Keep Your Legal Expenses Manageable

      By Mark A. Chinn Most lawyers become lawyers because they like to help people. They care very much that their life’s work is viewed as a service to people and to the betterment of the community and nation. For that reason, many lawyers are somewhat embarrassed to bring up the subject of fees. But lawyers know that clients need to know the basis for the charges they are about to incur. So, if your ...
    • Divorce in NC: The Process & Cost

      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 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 unique as ...

    custody

    The latest posts for custody are listed below.
    • Custody Types in North Carolina

      The type of child custody arrangement that may be ordered in a custody dispute is an important, if not the most important, concern for many separated and divorcing co-parents. During a divorce proceeding the parents of shared children in the marriage have the ability to agree on their own child custody arrangement through negotiation and compromise with one another. If agreement between the two ...
    • 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 ...
    • Tips on How to Effectively Co-Parent During the Holidays

      Divorce can be hard for a family to endure, especially when children are involved. If you and your spouse recently split, you might be wondering how the two of you will be able to navigate this holiday season with your children in the most effective and least stressful way possible. After all, the holidays are already often hectic and frustrating enough and divorce undoubtedly brings additional ...

    dividing assets

    The latest posts for dividing assets are listed below.
    • 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 ...
    • House...Pensions...Debts

      Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...
    • 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, ...

    divorce

    The latest posts for divorce are listed below.
    • 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. At the same time, 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. What is Legal Separation in NC? A married couple in North Carolina is considered ...
    • 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 ...
    • 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 ...

    divorce and insurance

    The latest posts for divorce and insurance are listed below.
    • Are You Covered? Your Health Insurance Options

      Navigating a divorce can be, and usually is, overwhelming and frightening. There are multiple things to think about, many of which are in an area you know little or nothing about. During the divorce process, you are confronted with issues of estate planning, taxes, the inner workings of a spouse’s business financials, retirement accounts, and child custody. A small, but essential, area important ...

    divorce debts

    The latest posts for divorce debts are listed below.
    • 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 ...
    • House...Pensions...Debts

      Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...
    • Divorce in NC: The Process & Cost

      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 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 unique as ...

    divorce from hell

    The latest posts for divorce from hell are listed below.
    • 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.

    divorce law

    The latest posts for divorce law are listed below.
    • Cary Attorney Appointed Chairman of Family Law Section

      Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...
    • Bill Signed by Governor Makes Significant Change to North Carolina Marital Law

      A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

    divorce lawyers raleigh

    The latest posts for divorce lawyers raleigh are listed below.
    • Cary Attorney Appointed Chairman of Family Law Section

      Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...
    • A Strong Beginning To A Busy Year

      The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

    divorce mistakes

    The latest posts for divorce mistakes are listed below.
    • The Divorce Process: Avoiding 5 Common Mistakes

      Significant life decisions such as divorce should not be made without careful consideration and planning. If unprepared, the divorce process can be more stressful and unpleasant than necessary. It may be wise to consult with legal and financial professionals before sharing your intentions with your spouse. Here are five common mistakes people make when considering divorce and how you can avoid ...

    divorce pensions

    The latest posts for divorce pensions are listed below.
    • House...Pensions...Debts

      Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...

    divorce settlement

    The latest posts for divorce settlement are listed below.
    • Settle, Settle, Settle: Why Letting the Judge Decide Should Be A Last Resort

      There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life… View the whole article… Settle, Settle, Settle Article originally published in Family Advocate, Vol. 34, No. 1, (Summer 2011) p. 38-39.

    divorce tax

    The latest posts for divorce tax are listed below.
    • Hidden Tax on Divorcing Couples

      Everyone talks about reducing taxes. Congress, the legislature, elected officials, and the man on the street all talk about reducing taxes and government spending. The problem for divorcing couples is that each year the local courts that are supported by state taxes receive proportionately fewer dollars to handle more cases filed by a growing state population. The end result is that there are not ...

    divorce tips

    The latest posts for divorce tips are listed below.
    • 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 ...
    • 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.

    divorce unemployment

    The latest posts for divorce unemployment are listed below.
    • 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 ...

    dna testing

    The latest posts for dna testing are listed below.
    • When "Daddy" Is Full of Doubt - How to challenge the paternity presumption

      The decision to challenge paternity involves a series of legal and psychological choices. In making a decision, the court must balance three sets of interests: the father’s rights, the mother’s rights, and the child’s rights to a clear determination of parentage and support. Let’s examine a common scenario in which husband and wife have a child and then divorce because one spouse has had an ...

    domestic violence

    The latest posts for domestic violence are listed below.
    • Are You Safe? Your first choice must be to protect your children and yourself

      Anyone who is a victim of domestic violence must understand how the l egal process works and how to obtain a court order of protection—also called a restraining order or domestic violence order. But knowledge of the process, or even having the order in hand, does not, by any means, eliminate the necessity to remain ever vigilant and at all times keenly aware of the perpetrator’s existence. The ...

    estate planning

    The latest posts for estate planning are listed below.
    • In Tomorrow We Trust

      Take a fresh look at your future and implement a new estate plan. In divorce proceedings, individuals experience emotional turmoil, financial uncertainty, and personal challenges that are unsettling, but expected. Peace of mind is illusory for a divorcing spouse. Death, serious illness, and disability, however, often occur when they are least expected. Anticipating the unexpected is a key ...

    family law

    The latest posts for family law are listed below.
    • 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 ...
    • The Whole is Greater Than the Sum of Its Parts

      Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...
    • A Strong Beginning To A Busy Year

      The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

    family lawyers

    The latest posts for family lawyers are listed below.
    • The Whole is Greater Than the Sum of Its Parts

      Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...

    family lawyers north carolina

    The latest posts for family lawyers north carolina are listed below.
    • Family Lawyers Must Use The Tools Available To Them

      Like surgeons, we must choose carefully the tools and use them with care. Our tools are statutes, treaties, case law, rules of procedure, local rules, etc. Our expertise involves how we apply the law to the facts confronting our clients. So what do we do if the law as applied produces a bad result? Have you ever read a statute or a line of cases and said to yourself, “That law needs to be changed, ...
    • A Strong Beginning To A Busy Year

      The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

    family lawyers raleigh

    The latest posts for family lawyers raleigh are listed below.
    • The Whole is Greater Than the Sum of Its Parts

      Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...

    filing for divorce in north carolina

    The latest posts for filing for divorce in north carolina are listed below.
    • 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 ...

    hidden divorce fees

    The latest posts for hidden divorce fees are listed below.

    joint credit divorce

    The latest posts for joint credit divorce are listed below.
    • The Divorce Process: Avoiding 5 Common Mistakes

      Significant life decisions such as divorce should not be made without careful consideration and planning. If unprepared, the divorce process can be more stressful and unpleasant than necessary. It may be wise to consult with legal and financial professionals before sharing your intentions with your spouse. Here are five common mistakes people make when considering divorce and how you can avoid ...

    joint custody

    The latest posts for joint custody are listed below.
    • How To Share Parenting | A How To For Joint Custody

      There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

    marital asset

    The latest posts for marital asset are listed below.
    • 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, ...

    marital law

    The latest posts for marital law are listed below.
    • Bill Signed by Governor Makes Significant Change to North Carolina Marital Law

      A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

    montgomery family law news

    The latest posts for montgomery family law news are listed below.
    • Cary Attorney Appointed Chairman of Family Law Section

      Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...

    nc divorce cost

    The latest posts for nc divorce cost are listed below.

    news

    The latest posts for news are listed below.
    • Cary Family Law Attorney Earns Listing In N.C. Super Lawyers Magazine

      Attorney Charles H. Montgomery has earned a listing in North Carolina Super Lawyers magazine for 2009, an honor reserved for only five percent of the lawyers in the state. Montgomery is a North Carolina board-certified specialist in family law and a Superior Court mediator. His practice emphasizes divorce, alimony, equitable distribution of property, child custody and child support. "It's ...

    parenting advice

    The latest posts for parenting advice are listed below.
    • All Parenting Plans Are Not Equal

      Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting… View the whole article All Parenting Plans Are Not Created Equal Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 23-26.
    • How To Share Parenting | A How To For Joint Custody

      There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

    parenting after divorce

    The latest posts for parenting after divorce are listed below.
    • All Parenting Plans Are Not Equal

      Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting… View the whole article All Parenting Plans Are Not Created Equal Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 23-26.
    • How To Share Parenting | A How To For Joint Custody

      There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

    paternity testing

    The latest posts for paternity testing are listed below.
    • When "Daddy" Is Full of Doubt - How to challenge the paternity presumption

      The decision to challenge paternity involves a series of legal and psychological choices. In making a decision, the court must balance three sets of interests: the father’s rights, the mother’s rights, and the child’s rights to a clear determination of parentage and support. Let’s examine a common scenario in which husband and wife have a child and then divorce because one spouse has had an ...

    post-separation support

    The latest posts for post-separation support are listed below.
    • 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 ...

    prenuptial agreements

    The latest posts for prenuptial agreements are listed below.
    • Do I Need A Prenuptial Agreement?

      You may have asked this question and decided against it, noting that you’re neither rich nor famous. Prenuptial agreements (or “prenups” as they are commonly called) can protect any assets you bring to a marriage or protect you from your spouse’s debts in the event of marital dissolution. In short, a prenuptial agreement can be a prudent and completely reasonable step to take for anyone bringing ...

    separation

    The latest posts for separation are listed below.
    • 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. At the same time, 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. What is Legal Separation in NC? A married couple in North Carolina is considered ...
    • 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 ...
    • Alienation of Affection in NC

      What is Alienation of Affection? North Carolina is one of only a few states recognizing the tort of alienation of affection. Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived them of the love and affection of their spouse. While this tort can sue any third party, including meddling in-laws, it is typically used to sue a spouse’s paramour (extramarital ...

    separation laws in north carolina

    The latest posts for separation laws in north carolina are listed below.
    • 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. At the same time, 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. What is Legal Separation in NC? A married couple in North Carolina is considered ...
    • 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 ...

    settlement

    The latest posts for settlement are listed below.
    • NC Alimony Laws: What Type of Alimony Do You Need & How Long Does it Last?

      By Gregory Forman The Different Types of Alimony in NC Does North Carolina have alimony? Yes, 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 ...

    social media and divorce

    The latest posts for social media and divorce are listed below.
    • 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 ...

    special needs children resources in north carolina

    The latest posts for special needs children resources in north carolina are listed below.
    • Getting Your Special Children All the Help They Need

      Once child support is figured out, questions often remain as to whether the parties can agree, or the court can order, other types of payments, such as college expenses, special needs programs for a child, or enrichment programs or competitive activities for a gifted and talented child. Specifics will vary slightly from state to state as will what a court can or will order, depending on whether ...

    spousal support

    The latest posts for spousal support are listed below.
    • 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 ...
    • NC Alimony Laws: What Type of Alimony Do You Need & How Long Does it Last?

      By Gregory Forman The Different Types of Alimony in NC Does North Carolina have alimony? Yes, 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 ...
    • Are You Covered? Your Health Insurance Options

      Navigating a divorce can be, and usually is, overwhelming and frightening. There are multiple things to think about, many of which are in an area you know little or nothing about. During the divorce process, you are confronted with issues of estate planning, taxes, the inner workings of a spouse’s business financials, retirement accounts, and child custody. A small, but essential, area important ...

    taxes and divorce

    The latest posts for taxes and divorce are listed below.
    • Even During Divorce, That Tax Man Cometh. But You Do Have Filing Options?

      As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...
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