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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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Social Media

Social Media is a new facet of communication today. We understand that everyone participates in social media to some degree. When you are involved in divorce proceedings, or any type...

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...

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...
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Can My Spouse and I Use the Same Divorce Attorney?

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property...
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What Is Cohabitation and How Will It Affect My Alimony?

[vc_row][vc_column][vc_column_text]When alimony is paid pursuant to the terms of an order entered by a North Carolina Court, then North Carolina law governs the conditions under which the alimony terminates. Under...

Who Took the Money in the Cookie Jar?

Many couples keep cash savings on hand for an emergency. Cash may be stored in a cookie jar, under the mattress, safe deposit box, or some other place for safekeeping....
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Is Your Attorney Tough Enough?

All too often, the client has the attitude that a lawyer who is a “fighter” is a lawyer who refuses to cooperate with opposing counsel, makes demands and gets instant...

How Is Property Valued for Purposes of Equitable Distribution?

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. For purposes of equitable distribution, the parties’ marital...
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Can I Require My Spouse to Maintain Life Insurance To Secure an Alimony or Child Support Obligation?

Under North Carolina law, the obligation of a spouse to pay alimony, or a parent to pay child support, ceases upon the death of the obligor. Maintaining a life insurance...
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Why Do Some Divorce Cases Take Longer Than Others?

Almost everyone has heard a divorce horror story about a divorce case that lasted for years and/or cost a small fortune in legal expenses. While those cases are the exception,...

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...