FAMILY LAW ARTICLES
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What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?
In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
What is Mediation?
Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with the help of...
Will Your Support Case Benefit from Retaining a Vocational Expert?
There are some situations in which your attorney may recommend that you retain certain professionals, such as an accountant, appraiser, or vocational expert, to assist with your domestic case. A...
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....
What Is Considered “Marital Property?”
In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. All assets and debts that the parties accumulate...
Emotions
In a domestic dispute, negative emotions such as hostility, anger, and revenge can needlessly delay a resolution and increase the cost. Perspective and objectivity, on the other hand, can promote...
Tax Implications of Receiving (and Paying) Postseparation Support and Alimony
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...
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...
Is Your Attorney Tough Enough?
All too often, the client has the attitude that a lawyer who is a “fighter” is a lawyer who refuses to cooperate with opposing counsel, makes demands and gets instant...
Missing Assets in Divorce
An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...
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...