FAMILY LAW ARTICLES

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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...
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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,...
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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...
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Does My Separation Agreement Have To Be Approved by the Court?

“Separation agreement” is the term commonly used to describe a legally binding contract that spouses enter into when they reach an agreement regarding issues related to their marital separation. The...
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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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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...

Issues to Consider Before You Separate

When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to...
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Counseling

Domestic disputes are emotionally charged. Clients are encouraged to seek counseling before and during the process. Counseling can help clients to work through their pain, accept the marriage’s end, learn...

Know Your Rights before Your Divorce Is Final

There are an abundance of websites and forms online that are designed to enable people to obtain a divorce without the assistance of an attorney. Even if you intend to...

What Is Considered “Separate Property?”

In North Carolina, “separate property” refers to assets or debts owned by one spouse individually. Separate property is considered all property (real estate or personal property) acquired by a spouse...
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Five Tips to Help You Survive Divorce

Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the...

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...