FAMILY LAW ARTICLES

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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...
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Social Media

Social Media is a new facet of communication today. We understand that everyone participates in social media to some degree. When you are involved in divorce proceedings, or any type...

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...
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Is It Considered Abandonment If I Leave My Spouse?

Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an...

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...
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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...
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What are the Benefits of Mediation?

Mediators can increase the likelihood of a negotiated settlement by bringing the skills, creativity, and influence of trained, impartial third parties to bear on the problem. Perhaps more importantly, frequently...

What Is Considered “Marital Property?”

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. All assets and debts that the parties accumulate...

Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There...
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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...
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Mental and Emotional Abuse – Domestic Violence Isn’t Always Black and Blue

When we think of domestic violence, images often come to mind of black eyes, bruises, busted lips, or broken bones. However, domestic violence encompasses much more than that. Domestic violence...
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Why is ADR Encouraged?

Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of...