FAMILY LAW ARTICLES

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Consequences to Consider for Failure to Pay Child Support

If you are experiencing financial hardship and having difficulty complying with a court order requiring you to pay child support, you might want to think twice before you become delinquent...

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....

What is discovery and why does my attorney need so many documents from me?

In the world of litigation, it is not always sufficient to simply offer as evidence an opinion based on conjecture or recollection. The most credible evidence is that which is...

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...

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...
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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)...
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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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Can Alimony Be Increased or Decreased?

A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances...
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Counseling

Domestic disputes are emotionally charged. Clients are encouraged to seek counseling before and during the process. Counseling can help clients to work through their pain, accept the marriage’s end, learn...

Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There...
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Under What Circumstances Can My Spouse Be Required to Pay My Attorney’s Fees?

North Carolina law allows a judge to order one party to pay the other party’s reasonable attorney’s fees in certain family related legal matters, including child custody, child support, post-separation...

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...