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...
Should I get a prenuptial agreement?
A prenuptial agreement, also referred to as a premarital agreement or ante-nuptial agreement, is a contract entered into between two parties contemplating marriage. The agreement becomes effective upon their marriage....
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...
Dividing Retirement Accounts upon Divorce
In North Carolina, interests in retirement accounts or benefits that are earned during the marriage are considered marital property that is subject to division between the parties upon divorce. There...
Costs
Just as it is impossible to predict exactly how long your case will take, it is difficult to realistically estimate the total cost of your litigation, even when your attorney...
Divorce in the Digital Age: How the Internet Can Be Useful In Your Divorce Case
Unquestionably, the Internet has changed the way we access information and the volume of information that is available. It has also made it more difficult to keep our personal lives...
Dividing the Household Furniture
Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other...
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...
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....
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...
