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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...
Emotions & Divorce

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...
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Can Alimony Be Increased or Decreased?

A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances...

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...

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...
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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...
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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...

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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About Your Family Law Mediation

WHAT IS MEDIATION? Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with...
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Does My Separation Agreement Have To Be Approved by the Court?

“Separation agreement” is the term commonly used to describe a legally binding contract that spouses enter into when they reach an agreement regarding issues related to their marital separation. 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...

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...