FAMILY LAW ARTICLES
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Dividing Retirement Accounts upon Divorce
In North Carolina, interests in retirement accounts or benefits that are earned during the marriage are considered marital property that is subject to division between the parties upon divorce. There...
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...
When Child Support Ends for One Child, How Is Child Support Determined for the Remaining Child or Children?
When a parent is paying court ordered child support to the other parent for two or more children, and the obligation to pay child support for one of the children...
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...
Should I get a prenuptial agreement?
A prenuptial agreement, also referred to as a premarital agreement or ante-nuptial agreement, is a contract entered into between two parties contemplating marriage. The agreement becomes effective upon their marriage....
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...
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...
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...
Mediator’s Role in Family Law Mediations
Going through any family law dispute is an emotionally charged process that is often best resolved through the process of mediation. Mediation is an effective tool that offers an alternative...
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...
