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 is a presumption that an equal division of marital and divisible property is equitable, or fair. However, depending on the circumstances of the case, there…

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Cautionary Tale of Online Cheating

In today’s world, websites and modern technology, such as email, instant messaging, and texting, provide a means for cheaters to establish and maintain extramarital relationships with a greater degree of secrecy from unsuspecting spouses. Thus, it is not surprising that there are websites, such as AshleyMadison.com, that are designed to connect married people who want…

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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 assets and debts are valued as of the date of separation. The value of property is determined based upon the fair market value. Fair market…

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Does Child Support Automatically Terminate When My Child Turns Age 18?

Ordinarily, a parent’s legal responsibility to provide child support for their child terminates when the child attains age 18. However, there are exceptions. If the child is still in primary or secondary school when the child attains age 18, child support will continue by law until the child graduates from high school, ceases to attend…

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