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Image of a single toothbrush on a white field depicting the idea of separate personal property.

How Separate Property Can Become Marital Property

Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property. In the context of equitable distribution, the...
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...

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...
Image of a folder entitled Family Mediation, with a gavel, depicting the concept of mediation in divorce.

What You Should Expect from Your Mediator

The mediator’s role is to move the parties beyond personality clashes and historic grievances. Only then can the mediator help you improve communication so any future dealings can take place...
Image of sliced brown bread with stalks of wheat referencing the idea of a "breadwinner".

Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?

A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of...
Image of an incomplete arbitration agreement on a wooden desk with lawyerly things, a pen, a stamp, reading glasses, a law book and a gavel.

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...
Image of a person dropping a card into a clear glass container, like a suggestion box or ballot bowl.

Your Spouse’s Suggestions

Unfortunately, client’s commonly believe that an opponent’s suggestions should routinely be rejected because they are either bad ideas, or they reflect some ulterior motive. Some clients want to automatically do...
Image taken from across the top of a filing cabinet drawer with hanging file folders with plastic tab separators. The foremost forward tab is labeled "Insurance" while remaining tabs are slightly out of focus.

Can I Require My Spouse to Maintain Life Insurance To Secure an Alimony or Child Support Obligation?

Under North Carolina law, the obligation of a spouse to pay alimony, or a parent to pay child support, ceases upon the death of the obligor. Maintaining a life insurance...
Image of a child wearing a black hoodie on a black background with his finger in front of his lips illustrating saying nothing.

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...

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...
Image of a woman with her hands held together in front of her holding a small white package with a red bow.

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...

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....