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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. 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 ...
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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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Can I Date While Separated?

    Can You 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 ...
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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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  • 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 ...
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  • 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 ...
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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 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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