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Gifts during Marriage – When a Gift Is Not a Gift

Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included...

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...
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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...
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Can I Make the Other Parent Pay for Private School Tuition As Part of a Child Support Obligation?

The North Carolina Child Support Guidelines provide a formula for determining the presumptive child support obligation for parties’ whose combined adjusted gross income is $300,000 per year or less. The...

Choosing the Best Lawyer for Your Divorce

Amid the angst and turmoil surrounding separation and divorce, one of the most important decisions that you will make will be your choice of an attorney. It is important to...
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What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
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10 Tips to Minimize the Impact of Divorce on Your Child

Divorce can be a sad, scary and stressful experience for any child. Not surprisingly, a large part of a child’s reaction to divorce has to do with how the parents...
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Costly Divorce Mistakes: What You Don’t Know Can Hurt You.

In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When...

What is discovery and why does my attorney need so many documents from me?

In the world of litigation, it is not always sufficient to simply offer as evidence an opinion based on conjecture or recollection. The most credible evidence is that which is...
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What is Mediation?

Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with the help of...

How Long Am I Entitled to Receive – Or Must I Pay – Alimony?

Decades ago when men were traditionally the breadwinners of the American family and women were typically stay-at-home moms, permanent alimony was not an unusual financial result in divorces. The days...

Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?

The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...