PRACTICE ARTICLES

You can see all articles in one category, everything about Mediation, for instance, by using the category links on this page.

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Why Do Some Divorce Cases Take Longer Than Others?

Almost everyone has heard a divorce horror story about a divorce case that lasted for years and/or cost a small fortune in legal expenses. While those cases are the exception,...
Image of man standing on a blue background with his hand over his forehead as if ashamed of the mistake he has made.

Costly Divorce Mistakes: What You Don’t Know Can Hurt You.

In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When...
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...
Image of a woman with her hands held together in front of her holding a small white package with a red bow.

Gifts during Marriage – When a Gift Is Not a Gift

Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included...
Image of a file folder attoped with a gavel labeled Prenuptial Agreement.

Can a Premarital Agreement Be Signed after the Marriage?

As its name implies, a premarital agreement (also known as a prenuptial agreement) is an agreement that parties enter into before marriage. To be considered a valid premarital agreement, the...
Image of two people sitting at a desk cropped so that faces are implied. The gavel in the foreground denotes a legal proceeding and the hand gestures of the subjects implies that one spouse disagrees.

What Can I Do If My Spouse Will Not Sign Our Separation Agreement?

Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. A separation agreement...
Image of an Audi sedan with six pick axes stuck into it depicting revenge in divorce. Ouch.

The Danger of Plotting Revenge

The stress, anxiety, uncertainty, and emotional upheaval that come with the divorce process can bring out the worst in otherwise good people. Divorce attorneys are well accustomed to hearing clients...
Image of sliced brown bread with stalks of wheat referencing the idea of a "breadwinner".

Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?

A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of...
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Under What Circumstances Can My Spouse Be Required to Pay My Attorney’s Fees?

North Carolina law allows a judge to order one party to pay the other party’s reasonable attorney’s fees in certain family related legal matters, including child custody, child support, post-separation...
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 small child with hands, palms face down, in the hands of an adult, depicting child support

Will My Child Support Be Reduced If My Income Decreases?

Courts have an inherent duty to protect the interests of minor children. Therefore, child support may always be modified by a court having jurisdiction to ensure that child support is...
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...