FAMILY LAW ARTICLES
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Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?
The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...
Modification of Child Custody
An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed...
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...
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...
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...
Know Your Rights before Your Divorce Is Final
There are an abundance of websites and forms online that are designed to enable people to obtain a divorce without the assistance of an attorney. Even if you intend to...
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...
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...
Marital Fault and Alimony
Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina,...
Mediator’s Role in Family Law Mediations
Going through any family law dispute is an emotionally charged process that is often best resolved through the process of mediation. Mediation is an effective tool that offers an alternative...
