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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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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...
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What Are Factors That a Judge May Consider in Determining Child Custody?

In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement...
mediation

Understanding Mediation and How It May Benefit Your Domestic Case

A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from...

How Is Property Valued for Purposes of Equitable Distribution?

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. For purposes of equitable distribution, the parties’ marital...
Image of a file folder attoped with a gavel labeled Prenuptial Agreement.

Can a Premarital Agreement Be Signed after the Marriage?

As its name implies, a premarital agreement (also known as a prenuptial agreement) is an agreement that parties enter into before marriage. To be considered a valid premarital agreement, the...
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How Separate Property Can Become Marital Property

Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property. In the context of equitable distribution, the...
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What is Alternative Dispute Resolution?

It is becoming very common for our clients to ask about alternative dispute resolution (ADR). In fact, in many judicial districts in North Carolina, the district court has adopted rules...
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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...

Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such...
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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...

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....