FAMILY LAW ARTICLES

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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...
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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...
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Costs

Just as it is impossible to predict exactly how long your case will take, it is difficult to realistically estimate the total cost of your litigation, even when your attorney...
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What to Expect During Your Initial Divorce Consultation

If you are considering divorce and unsure where to start, you are not alone. Most individuals are intimidated at the thought of consulting with a divorce attorney because the process...

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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Get A Will

As you begin the divorce process, the first order of business is to review your will. If you do not have one, get one immediately. Succession laws may conflict with...

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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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...

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...
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Which Parent Gets to Choose Where the Child Goes to School?

The beginning of a new school year is a time when many parents are faced with making a decision regarding where their child should be enrolled in school. Where a...
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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...

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...