FAMILY LAW ARTICLES

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Will My Child Support Be Reduced If My Income Decreases?

Courts have an inherent duty to protect the interests of minor children. Therefore, child support may always be modified by a court having jurisdiction to ensure that child support is...
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...

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...

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....
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Can I Make the Other Parent Pay for Private School Tuition As Part of a Child Support Obligation?

The North Carolina Child Support Guidelines provide a formula for determining the presumptive child support obligation for parties’ whose combined adjusted gross income is $300,000 per year or less. The...

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...

Attorney’s Fees Awards in Actions for Postseparation Support and Alimony

A spouse who is dependent upon another spouse for financial support may find herself/himself with little or no income and limited financial resources when the parties separate. Financial constraints can...
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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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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...
Image of dominos in a single row, split by a man's hand. The left side of the row is protected from the right, which is teetering over, representing how mediation can help protect what remains from being lost.

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 the help of...
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About the Unified Family Courts in North Carolina

FAMILY COURT: If your domestic lawsuit is filed in Buncombe County, it will be sent to Family Court. The 28th Judicial District (Buncombe County) is presently one of several judicial...

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...