FAMILY LAW ARTICLES

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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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About Your Family Law Mediation

WHAT IS MEDIATION? Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with...

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...

Who Took the Money in the Cookie Jar?

Many couples keep cash savings on hand for an emergency. Cash may be stored in a cookie jar, under the mattress, safe deposit box, or some other place for safekeeping....

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Why Do Some Divorce Cases Take Longer Than Others?

Almost everyone has heard a divorce horror story about a divorce case that lasted for years and/or cost a small fortune in legal expenses. While those cases are the exception,...

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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...

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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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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...

Determining Child Support in High Income Cases

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the recommended basic child support obligation for parents whose combined adjusted gross incomes is $25,000...

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How to Protect your Inheritance from your Spouse During a Divorce

If you have received an inheritance, or a gift, or anticipate receiving either in the future, you may be wondering how you can protect it from your spouse in the...

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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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How Is the Date of Separation Determined (And Why Is It Important)?

The date of separation is determined by the actual date that the parties begin living separate and apart from each other in separate residences. Establishing separate bedrooms while living in...

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