FAMILY LAW ARTICLES
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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...
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...
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...
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....
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...
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...
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,...
Relocation and Child Custody: Can I Relocate With My Child to Another City or State?
When a parent who has (or is seeking) custody of a child decides to relocate to another city or state, disputes regarding child custody or visitation may arise, especially if...
How Long Will My Divorce Take?
Generally speaking, it is impossible to predict exactly how long the case will take. After the case is under way, and your attorney understands the issues, he will be better...
How Your Health Insurance Coverage May Be Affected by Divorce
If you are separated and are relying on your estranged spouse to provide you with health insurance coverage through an employer’s group health insurance plan or other policy maintained by...
Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?
The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...
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...
