FAMILY LAW ARTICLES

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Costs

Just as it is impossible to predict exactly how long your case will take, it is difficult to realistically estimate the total cost of your litigation, even when your attorney...
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Is Debt Incurred in the Name of One Spouse Considered Marital Debt?

Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the...
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How Is the Date of Separation Determined (And Why Is It Important)?

The date of separation is determined by the actual date that the parties begin living separate and apart from each other in separate residences. Establishing separate bedrooms while living in...
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Practical Matters

Litigation often spawns more litigation. To determine whether certain issues are worth litigating, you must weigh the price you will pay with your time, emotions, and money, against the anticipated...
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Can Alimony Be Increased or Decreased?

A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances...
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About the Unified Family Courts in North Carolina

FAMILY COURT: If your domestic lawsuit is filed in Buncombe County, it will be sent to Family Court. The 28th Judicial District (Buncombe County) is presently one of several judicial...
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Can My Spouse and I Use the Same Divorce Attorney?

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property...
Image of a folder entitled Family Mediation, with a gavel, depicting the concept of mediation in divorce.

What You Should Expect from Your Mediator

The mediator’s role is to move the parties beyond personality clashes and historic grievances. Only then can the mediator help you improve communication so any future dealings can take place...
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Is It Considered Abandonment If I Leave My Spouse?

Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an...
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Why is ADR Encouraged?

Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of...

Will Having Sex With My Spouse Void Our Legal Separation?

Breaking up is hard to do. Many couples separate and get back together several times before the final break. As couples struggle with the conflicts of separation, sexual relations may...
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Missing Assets in Divorce

An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...