FAMILY LAW ARTICLES
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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...
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...
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....
Tax Implications of Receiving (and Paying) Postseparation Support and Alimony
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...
Is Debt Incurred in the Name of One Spouse Considered Marital Debt?
Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the...
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...
Do I Need a Legal Document Establishing Physical Custody of My Child?
A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even 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....
Why is ADR Encouraged?
Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of...
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...
