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Divorce

Recent Posts in divorce Category

  • 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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  • 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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  • 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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  • 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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  • 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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  • 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 ...
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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 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 ...
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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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  • 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 ...
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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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  • 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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  • 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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