FAMILY LAW ARTICLES

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Marital Fault and Alimony

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina,...
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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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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...

Know Your Rights before Your Divorce Is Final

There are an abundance of websites and forms online that are designed to enable people to obtain a divorce without the assistance of an attorney. Even if you intend to...

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...

What is a Dependent Spouse?

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse....
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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...
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Mental and Emotional Abuse – Domestic Violence Isn’t Always Black and Blue

When we think of domestic violence, images often come to mind of black eyes, bruises, busted lips, or broken bones. However, domestic violence encompasses much more than that. Domestic violence...
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Five Tips to Help You Survive Divorce

Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the...
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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 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...

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...