FAMILY LAW ARTICLES
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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...
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...
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...
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...
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...
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...
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...
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...
