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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...

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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Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?

Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has...

How is child support determined?

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the basic child support obligation for parents’ with combined adjusted gross incomes of $300,000 per...
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When Child Support Ends for One Child, How Is Child Support Determined for the Remaining Child or Children?

When a parent is paying court ordered child support to the other parent for two or more children, and the obligation to pay child support for one of the children...
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What are the Benefits of Mediation?

Mediators can increase the likelihood of a negotiated settlement by bringing the skills, creativity, and influence of trained, impartial third parties to bear on the problem. Perhaps more importantly, frequently...
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Missing Assets in Divorce

An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...
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Is Your Attorney Tough Enough?

All too often, the client has the attitude that a lawyer who is a “fighter” is a lawyer who refuses to cooperate with opposing counsel, makes demands and gets instant...

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...
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Divorce in the Digital Age: How the Internet Can Be Useful In Your Divorce Case

Unquestionably, the Internet has changed the way we access information and the volume of information that is available. It has also made it more difficult to keep our personal lives...
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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...

Divorce and Emotional Support

Divorce is not only stressful, but it can be traumatic as well. Many people who are going through divorce feel like their life has been shattered or turned upside down....