FAMILY LAW ARTICLES

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What is a Dependent Spouse?

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse....
Image of an Audi sedan with six pick axes stuck into it depicting revenge in divorce. Ouch.

The Danger of Plotting Revenge

The stress, anxiety, uncertainty, and emotional upheaval that come with the divorce process can bring out the worst in otherwise good people. Divorce attorneys are well accustomed to hearing clients...
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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...
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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...

Determining Child Support in High Income Cases

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the recommended basic child support obligation for parents whose combined adjusted gross incomes is $25,000...

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...
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Get A Will

As you begin the divorce process, the first order of business is to review your will. If you do not have one, get one immediately. Succession laws may conflict with...

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...

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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Costly Divorce Mistakes: What You Don’t Know Can Hurt You.

In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When...
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What are the Benefits of Arbitration?

The benefits of arbitration are many. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control...