FAMILY LAW ARTICLES

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Dividing Retirement Accounts upon Divorce

In North Carolina, interests in retirement accounts or benefits that are earned during the marriage are considered marital property that is subject to division between the parties upon divorce. There...

Does Child Support Automatically Terminate When My Child Turns Age 18?

Ordinarily, a parent’s legal responsibility to provide child support for their child terminates when the child attains age 18. However, there are exceptions. If the child is still in primary...
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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...
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Who Should Get the Family Dog?

Many people consider their pet as a member of their family, not just personal property. Consequently, when couples split up, there are sometimes disagreements as to which party should take...
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What is Arbitration?

Matrimonial arbitration can be used to resolve multiple or single family law issues which the parties agree by contract to submit to the arbitration process. Some parties are bound by...

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....

How is child support determined?

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the basic child support obligation for parents’ with combined adjusted gross incomes of $300,000 per...

Tips for Reducing Legal Expenses in Your Domestic Case

Legal expenses in a domestic case can add up quickly, especially if there are complex legal issues, or hostility and bitterness between the parties that impedes settlement negotiations. In Asheville...
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How Separate Property Can Become Marital Property

Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property. In the context of equitable distribution, 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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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...