FAMILY LAW ARTICLES

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Who should get the marital home?

When parties separate and begin the process of dividing their marital property, one of the assets they are likely to deal with is their marital home. In North Carolina, in...
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How Your Health Insurance Coverage May Be Affected by Divorce

If you are separated and are relying on your estranged spouse to provide you with health insurance coverage through an employer’s group health insurance plan or other policy maintained by...

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...
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What are the Benefits of Arbitration?

The benefits of arbitration are many. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control...
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Why You May Need an Expert Witness or Other Professional to Assist in Your Divorce or Child Custody Case

Depending on the nature and complexity of the issues in dispute in your divorce or child custody matter, your attorney may recommend that you engage the services of non-lawyer professionals...

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...
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What Can I Do If My Spouse Will Not Sign Our Separation Agreement?

Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. A separation agreement...
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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...

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...

Modification of Child Custody

An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed...

Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?

The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...
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Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?

A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of...