FAMILY LAW ARTICLES

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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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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...

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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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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What are the Benefits of Arbitration?

The benefits of arbitration are many. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control...
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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...

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...

How Is Property Valued for Purposes of Equitable Distribution?

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. For purposes of equitable distribution, the parties’ marital...
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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...
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Social Media

Social Media is a new facet of communication today. We understand that everyone participates in social media to some degree. When you are involved in divorce proceedings, or any type...
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Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?

A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of...

Tax Implications of Receiving (and Paying) Postseparation Support and Alimony

In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...