FAMILY LAW ARTICLES

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About the Unified Family Courts in North Carolina

FAMILY COURT: If your domestic lawsuit is filed in Buncombe County, it will be sent to Family Court. The 28th Judicial District (Buncombe County) is presently one of several judicial...
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10 Tips to Minimize the Impact of Divorce on Your Child

Divorce can be a sad, scary and stressful experience for any child. Not surprisingly, a large part of a child’s reaction to divorce has to do with how the parents...
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What to Expect During Your Initial Divorce Consultation

If you are considering divorce and unsure where to start, you are not alone. Most individuals are intimidated at the thought of consulting with a divorce attorney because the process...

Issues to Consider Before You Separate

When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to...

Will Your Support Case Benefit from Retaining a Vocational Expert?

There are some situations in which your attorney may recommend that you retain certain professionals, such as an accountant, appraiser, or vocational expert, to assist with your domestic case. A...

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...
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Missing Assets in Divorce

An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...

What Is “Divisible Property?”

In North Carolina, the assets and debts that couples accumulate from date of marriage to date of separation are presumed to be marital property that is subject to equitable distribution....

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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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...
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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...
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How Your Health Insurance Coverage May Be Affected by Divorce

If you are separated and are relying on your estranged spouse to provide you with health insurance coverage through an employer’s group health insurance plan or other policy maintained by...