FAMILY LAW ARTICLES

SHOW: All Articles
  • SHOW: All Articles
  • Alimony
  • Child Custody
  • Child Support
  • Domestic Violence
  • Family Contracts
  • Family Law
  • Family Law FAQs
  • Mediation
  • Modification
  • Property Settlement
  • Separation & Divorce
Image of man alone in front of a window emoting sadness

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...

Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There...
Closeup image of a credit card with wedding rings on the top of it depicting marital debt.

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...
Image of a toy, possibly a model, of a bright red antique truck filled with colorful tools depicting the idea of property belonging to a family that might be titled by a business or third party

What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
Street sign against a cloud dappled sky above a grassy field that says "Rebranding" depicting changing a name and identity

How Can I Resume My Maiden Name or Former Surname Following Divorce?

North Carolina General Statute § 50-12(a) authorizes a woman whose marriage is dissolved by divorce to change her name to any of the following: “(1) Her maiden name; or (2)...
Image of a desk-sized calendar in monthly grid view with a person's hand circling a date with red magic marker.

How Is the Date of Separation Determined (And Why Is It Important)?

The date of separation is determined by the actual date that the parties begin living separate and apart from each other in separate residences. Establishing separate bedrooms while living in...
Image of a group of private school students wearing school uniforms in a study session.

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...

Does Child Support Automatically Terminate When My Child Turns Age 18?

Ordinarily, a parent’s legal responsibility to provide child support for their child terminates when the child attains age 18. However, there are exceptions. If the child is still in primary...

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...
Image of a counselor comforting a patient by holding her hand depicting successful use of therapy through divorce.

Counseling

Domestic disputes are emotionally charged. Clients are encouraged to seek counseling before and during the process. Counseling can help clients to work through their pain, accept the marriage’s end, learn...
Image of the word CONFLICT on a red background being cut by a scissor.

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...
Image of the facade of an ornate courthouse

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...