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Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There...
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Why You May Need an Expert Witness or Other Professional to Assist in Your Divorce or Child Custody Case

Depending on the nature and complexity of the issues in dispute in your divorce or child custody matter, your attorney may recommend that you engage the services of non-lawyer professionals...
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Post-Divorce Steps You Should Take to Protect Your Assets And Financial Interests

If you have signed your separation agreement or a judge has entered a Judgment of Equitable Distribution dividing your marital property and debts, you are probably feeling relieved that this...
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Divorce in the Digital Age: How the Internet Can Be Useful In Your Divorce Case

Unquestionably, the Internet has changed the way we access information and the volume of information that is available. It has also made it more difficult to keep our personal lives...

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...

Determining Child Support in High Income Cases

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the recommended basic child support obligation for parents whose combined adjusted gross incomes is $25,000...
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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...

Who Took the Money in the Cookie Jar?

Many couples keep cash savings on hand for an emergency. Cash may be stored in a cookie jar, under the mattress, safe deposit box, or some other place for safekeeping....

Consequences to Consider for Failure to Pay Child Support

If you are experiencing financial hardship and having difficulty complying with a court order requiring you to pay child support, you might want to think twice before you become delinquent...
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Grandparents’ Rights to Custody and Visitation in North Carolina

Under North Carolina law, there are four different statutes under which a grandparent has statutory standing to pursue visitation privileges with a grandchild, or legal and/or physical custody of the...

How Will Adultery Affect My Divorce Case?

What we generally think of as “adultery,” is referred to by North Carolina Gen. Stat. 50-16.1A(3)(a) as “illicit sexual behavior” which is defined as “sexual or deviate sexual intercourse, deviate...

Marital Fault and Alimony

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina,...