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...

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About Your Family Law Mediation

WHAT IS MEDIATION? Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with...

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...

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Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?

Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has...

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...

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What Can I Do If My Spouse Will Not Sign Our Separation Agreement?

Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. A separation agreement...

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...

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Is Debt Incurred in the Name of One Spouse Considered Marital Debt?

Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the...

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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...

Marital Fault and Alimony

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina,...

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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...

Image of a folder entitled Family Mediation, with a gavel, depicting the concept of mediation in divorce.

What You Should Expect from Your Mediator

The mediator’s role is to move the parties beyond personality clashes and historic grievances. Only then can the mediator help you improve communication so any future dealings can take place...

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