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  • 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 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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  • 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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  • 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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  • 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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  • 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 ...
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  • 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 ...
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  • 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.
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  • 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 ...
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  • 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 ...
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  • Is Common Law Marriage Recognized in North Carolina?

    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 presents themselves as having been married. In most states that allow for the formation of a common law marriage, the parties must have ...
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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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  • 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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  • 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.
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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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  • 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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