FAMILY LAW ARTICLES

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Which Parent Gets to Choose Where the Child Goes to School?

The beginning of a new school year is a time when many parents are faced with making a decision regarding where their child should be enrolled in school. Where a...

Do I Need a Legal Document Establishing Physical Custody of My Child?

A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even if...

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...
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Domestic Violence Legal Advocacy

In North Carolina, domestic violence can be defined in simple terms as abuse, fear of abuse, harassment, or undue manipulation or control that occurs between two parties involved, or formerly...
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Can Alimony Be Increased or Decreased?

A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances...
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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...
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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...

Why You May Need an Accountant to Assist with Your Divorce

With the exception of child custody, family law cases are largely about financial issues – child support, postseparation support, alimony, and identification, classification, evaluation, and distribution of marital and divisible...

Who should get the marital home?

When parties separate and begin the process of dividing their marital property, one of the assets they are likely to deal with is their marital home. In North Carolina, in...

Emergency Child Custody Orders

Under current North Carolina law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient...
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Is It Considered Abandonment If I Leave My Spouse?

Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an...

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....