FAMILY LAW ARTICLES

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What is Arbitration?

Matrimonial arbitration can be used to resolve multiple or single family law issues which the parties agree by contract to submit to the arbitration process. Some parties are bound by...

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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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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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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...

What Can I Do If My Former Spouse Does Not Comply with Our Separation Agreement?

A valid written separation agreement is a contract. How a separation agreement is enforced depends on whether or not it has been merged into a court order. If a separation...

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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...

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...

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How Does Mediation Work?

Mediation can take place over a series of sessions. But, more often than not, it is scheduled for a continuous amount of time to keep the negotiations going. Sessions are...

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Get A Will

As you begin the divorce process, the first order of business is to review your will. If you do not have one, get one immediately. Succession laws may conflict with...

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...

How Will Adultery Affect My Divorce Case?

What we generally think of as “adultery,” is referred to by North Carolina Gen. Stat. 50-16.1A(3)(a) as “illicit sexual behavior” which is defined as “sexual or deviate sexual intercourse, deviate...

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Should I get a prenuptial agreement?

A prenuptial agreement, also referred to as a premarital agreement or ante-nuptial agreement, is a contract entered into between two parties contemplating marriage. The agreement becomes effective upon their marriage....

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