FAMILY LAW ARTICLES

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What Is “Divisible Property?”

In North Carolina, the assets and debts that couples accumulate from date of marriage to date of separation are presumed to be marital property that is subject to equitable distribution....
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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 is a Dependent Spouse?

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse....
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When Child Support Ends for One Child, How Is Child Support Determined for the Remaining Child or Children?

When a parent is paying court ordered child support to the other parent for two or more children, and the obligation to pay child support for one of the children...
Do I have to turn over my medical records during divorce?

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...
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Post-Divorce Steps You Should Take to Protect Your Assets And Financial Interests

If you have signed your separation agreement or a judge has entered a Judgment of Equitable Distribution dividing your marital property and debts, you are probably feeling relieved that this...
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Should I get a prenuptial agreement?

A prenuptial agreement, also referred to as a premarital agreement or ante-nuptial agreement, is a contract entered into between two parties contemplating marriage. The agreement becomes effective upon their marriage....

How is child support determined?

The North Carolina Child Support Guidelines in effect for 2013 provide a formula for determining the basic child support obligation for parents’ with combined adjusted gross incomes of $300,000 per...
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Get A Will

As you begin the divorce process, the first order of business is to review your will. If you do not have one, get one immediately. Succession laws may conflict with...
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What are the Benefits of Mediation?

Mediators can increase the likelihood of a negotiated settlement by bringing the skills, creativity, and influence of trained, impartial third parties to bear on the problem. Perhaps more importantly, frequently...

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...
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Why You May Need an Expert Witness or Other Professional to Assist in Your Divorce or Child Custody Case

Depending on the nature and complexity of the issues in dispute in your divorce or child custody matter, your attorney may recommend that you engage the services of non-lawyer professionals...