FAMILY LAW ARTICLES

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Separation & Divorce

What Can I Do If My Former Spouse Does Not Comply with Our Separation Agreement?

A valid written separation agreement is a contract. How a separation agreement is enforced depends on whether or not it has been merged into a court order. If a separation...

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...

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Truth or Consequences: The Impact of Lying in Your Domestic Case

There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody...

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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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Can I Require My Spouse to Maintain Life Insurance To Secure an Alimony or Child Support Obligation?

Under North Carolina law, the obligation of a spouse to pay alimony, or a parent to pay child support, ceases upon the death of the obligor. Maintaining a life insurance...

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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What Is Cohabitation and How Will It Affect My Alimony?

[vc_row][vc_column][vc_column_text]When alimony is paid pursuant to the terms of an order entered by a North Carolina Court, then North Carolina law governs the conditions under which the alimony terminates. Under...

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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...

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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...

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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Mental and Emotional Abuse – Domestic Violence Isn’t Always Black and Blue

When we think of domestic violence, images often come to mind of black eyes, bruises, busted lips, or broken bones. However, domestic violence encompasses much more than that. Domestic violence...

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...

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