FAMILY LAW ARTICLES
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Can a Premarital Agreement Be Signed after the Marriage?
As its name implies, a premarital agreement (also known as a prenuptial agreement) is an agreement that parties enter into before marriage. To be considered a valid premarital agreement, the...
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...
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...
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...
Under What Circumstances Can My Spouse Be Required to Pay My Attorney’s Fees?
North Carolina law allows a judge to order one party to pay the other party’s reasonable attorney’s fees in certain family related legal matters, including child custody, child support, post-separation...
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,...
Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?
Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has...
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,...
Relocation and Child Custody: Can I Relocate With My Child to Another City or State?
When a parent who has (or is seeking) custody of a child decides to relocate to another city or state, disputes regarding child custody or visitation may arise, especially if...
Tax Implications of Receiving (and Paying) Postseparation Support and Alimony
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...
