FAMILY LAW ARTICLES

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How Does Mediation Work?

Mediation can take place over a series of sessions. But, more often than not, it is scheduled for a continuous amount of time to keep the negotiations going. Sessions are...

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...

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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Grandparents’ Rights to Custody and Visitation in North Carolina

Under North Carolina law, there are four different statutes under which a grandparent has statutory standing to pursue visitation privileges with a grandchild, or legal and/or physical custody of the...

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...

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...
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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...
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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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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...

What Is “Divisible Property?”

In North Carolina, the assets and debts that couples accumulate from date of marriage to date of separation are presumed to be marital property that is subject to equitable distribution....
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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...

Will Having Sex With My Spouse Void Our Legal Separation?

Breaking up is hard to do. Many couples separate and get back together several times before the final break. As couples struggle with the conflicts of separation, sexual relations may...