FAMILY LAW ARTICLES
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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...
Which Parent Gets to Choose Where the Child Goes to School?
The beginning of a new school year is a time when many parents are faced with making a decision regarding where their child should be enrolled in school. Where a...
Issues to Consider Before You Separate
When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to...
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...
Emotions
In a domestic dispute, negative emotions such as hostility, anger, and revenge can needlessly delay a resolution and increase the cost. Perspective and objectivity, on the other hand, can promote...
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...
How Is the Date of Separation Determined (And Why Is It Important)?
The date of separation is determined by the actual date that the parties begin living separate and apart from each other in separate residences. Establishing separate bedrooms while living in...
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...
Do I have to Provide My Medical Records to My Ex in a Divorce
During the pretrial discovery phase of a divorce and in child custody matters it is not uncommon for the opposing party to request your medical records. Whether an outside party...
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...
