FAMILY LAW ARTICLES
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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...
What Can I Do If My Former Spouse Does Not Comply with Our Separation Agreement?
A valid written separation agreement is a contract. How a separation agreement is enforced depends on whether or not it has been merged into a court order. If a separation...
Who Should Get the Family Dog?
Many people consider their pet as a member of their family, not just personal property. Consequently, when couples split up, there are sometimes disagreements as to which party should take...
What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?
In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
Attorney Camaraderie
Attorneys who specialize in Divorce and Family Law will probably try many cases against each other over the years. They will attend the same professional events, and may even work...
What Should I Wear to Court (and why does it matter)?
The clothes you wear say a lot about who you are. By simply observing a person’s clothing, consciously or unconsciously, we form impressions about that person’s attitude, lifestyle, social status,...
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...
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...
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...
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...
