FAMILY LAW ARTICLES

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Is Your Attorney Tough Enough?

All too often, the client has the attitude that a lawyer who is a “fighter” is a lawyer who refuses to cooperate with opposing counsel, makes demands and gets instant...
Black and white image of an apple sliced in half with forks protruding from each of the halves denoting equal distribution and splitting of marital property

How to Protect your Inheritance from your Spouse During a Divorce

If you have received an inheritance, or a gift, or anticipate receiving either in the future, you may be wondering how you can protect it from your spouse in 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...

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 Are Factors That a Judge May Consider in Determining Child Custody?

In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement...
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...
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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...
Image of the back of a man in a suit with his right arm bent behind his back and his fingers crossed, depicting the act of a lie.

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...

Determining Child Support in High Income Cases

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the recommended basic child support obligation for parents whose combined adjusted gross incomes is $25,000...

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,...

What Should I Wear to Court (and why does it matter)?

The clothes you wear say a lot about who you are. By simply observing a person’s clothing, consciously or unconsciously, we form impressions about that person’s attitude, lifestyle, social status,...
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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...