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...
Emotions & Divorce

Emotions

In a domestic dispute, negative emotions such as hostility, anger, and revenge can needlessly delay a resolution and increase the cost. Perspective and objectivity, on the other hand, can promote...
Image of two toothbrushes on a bathroom sink depicting living together

What Is Cohabitation and How Will It Affect My Alimony?

[vc_row][vc_column][vc_column_text]When alimony is paid pursuant to the terms of an order entered by a North Carolina Court, then North Carolina law governs the conditions under which the alimony terminates. Under...
Do I have to turn over my medical records during divorce?

Do I have to Provide My Medical Records to My Ex in a Divorce

During the pretrial discovery phase of a divorce and in child custody matters it is not uncommon for the opposing party to request your medical records. Whether an outside party...
Closeup image of a credit card with wedding rings on the top of it depicting marital debt.

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...

Will Your Support Case Benefit from Retaining a Vocational Expert?

There are some situations in which your attorney may recommend that you retain certain professionals, such as an accountant, appraiser, or vocational expert, to assist with your domestic case. A...

Cautionary Tale of Online Cheating

In today’s world, websites and modern technology, such as email, instant messaging, and texting, provide a means for cheaters to establish and maintain extramarital relationships with a greater degree of...

Marital Fault and Alimony

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina,...
Image of two men shaking hands in agreement.

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...
Image of a desk-sized calendar in monthly grid view with a person's hand circling a date with red magic marker.

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...

Know Your Rights before Your Divorce Is Final

There are an abundance of websites and forms online that are designed to enable people to obtain a divorce without the assistance of an attorney. Even if you intend to...
Single parent and two small children walking on the distant beach at dusk in silhouette.

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...