FAMILY LAW ARTICLES

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Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?

The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...

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....

Why You May Need an Accountant to Assist with Your Divorce

With the exception of child custody, family law cases are largely about financial issues – child support, postseparation support, alimony, and identification, classification, evaluation, and distribution of marital and divisible...

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...

Will Having Sex With My Spouse Void Our Legal Separation?

Breaking up is hard to do. Many couples separate and get back together several times before the final break. As couples struggle with the conflicts of separation, sexual relations may...
mediation

Understanding Mediation and How It May Benefit Your Domestic Case

A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from...
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How Can I Resume My Maiden Name or Former Surname Following Divorce?

North Carolina General Statute § 50-12(a) authorizes a woman whose marriage is dissolved by divorce to change her name to any of the following: “(1) Her maiden name; or (2)...

Part 2: Self-Help Legal Services: Helpful or Harmful?

Numerous online businesses have emerged in recent years that offer legal forms and information to enable consumers to create their own legal documents and perform many legal related services without...

Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such...

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...

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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Who Should Get the Family Dog?

Many people consider their pet as a member of their family, not just personal property. Consequently, when couples split up, there are sometimes disagreements as to which party should take...