FAMILY LAW ARTICLES

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Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such...
Image of small child with hands, palms face down, in the hands of an adult, depicting child support

Will My Child Support Be Reduced If My Income Decreases?

Courts have an inherent duty to protect the interests of minor children. Therefore, child support may always be modified by a court having jurisdiction to ensure that child support is...

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...

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...

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....
Image of a man in a black suit and blue tie, cropped without a face, pounding a gavel.

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...
Image of two men shaking hands in agreement.

How Does Mediation Work?

Mediation can take place over a series of sessions. But, more often than not, it is scheduled for a continuous amount of time to keep the negotiations going. Sessions are...

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...
Image of a single toothbrush on a white field depicting the idea of separate personal property.

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...
Photograph of a grandfather and preschool granddaughter walking away on a wide path through a path

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...
Emotions & Divorce

Emotions

In a domestic dispute, negative emotions such as hostility, anger, and revenge can needlessly delay a resolution and increase the cost. Perspective and objectivity, on the other hand, can promote...

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...