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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...
mediation

Understanding Mediation and How It May Benefit Your Domestic Case

A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from...
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How Can I Resume My Maiden Name or Former Surname Following Divorce?

North Carolina General Statute § 50-12(a) authorizes a woman whose marriage is dissolved by divorce to change her name to any of the following: “(1) Her maiden name; or (2)...

Part 2: Self-Help Legal Services: Helpful or Harmful?

Numerous online businesses have emerged in recent years that offer legal forms and information to enable consumers to create their own legal documents and perform many legal related services without...

Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such...

What Is Considered “Separate Property?”

In North Carolina, “separate property” refers to assets or debts owned by one spouse individually. Separate property is considered all property (real estate or personal property) acquired by a spouse...

Attorney’s Fees Awards in Actions for Postseparation Support and Alimony

A spouse who is dependent upon another spouse for financial support may find herself/himself with little or no income and limited financial resources when the parties separate. Financial constraints can...
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Who Should Get the Family Dog?

Many people consider their pet as a member of their family, not just personal property. Consequently, when couples split up, there are sometimes disagreements as to which party should take...

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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Truth or Consequences: The Impact of Lying in Your Domestic Case

There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody...

Dividing the Household Furniture

Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other...

Social Media and Your Domestic Case

Social networking websites, such as Facebook, Twitter, MySpace, and LinkedIn, provide a unique forum for us to connect and share information with others. As the use of such social media...

Issues to Consider Before You Separate

When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to...

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...

Do I Need a Legal Document Establishing Physical Custody of My Child?

A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even if...

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...