FAMILY LAW ARTICLES

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What is a Dependent Spouse?

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse....
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Your Spouse’s Suggestions

Unfortunately, client’s commonly believe that an opponent’s suggestions should routinely be rejected because they are either bad ideas, or they reflect some ulterior motive. Some clients want to automatically do...

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...

What Is “Divisible Property?”

In North Carolina, the assets and debts that couples accumulate from date of marriage to date of separation are presumed to be marital property that is subject to equitable distribution....
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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 discovery and why does my attorney need so many documents from me?

In the world of litigation, it is not always sufficient to simply offer as evidence an opinion based on conjecture or recollection. The most credible evidence is that which is...
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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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Can My Spouse and I Use the Same Divorce Attorney?

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property...

Dividing the Household Furniture

Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other...
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Post-Divorce Steps You Should Take to Protect Your Assets And Financial Interests

If you have signed your separation agreement or a judge has entered a Judgment of Equitable Distribution dividing your marital property and debts, you are probably feeling relieved that this...
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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...

Tips for Reducing Legal Expenses in Your Domestic Case

Legal expenses in a domestic case can add up quickly, especially if there are complex legal issues, or hostility and bitterness between the parties that impedes settlement negotiations. In Asheville...