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What Can I Do If My Former Spouse Does Not Comply with Our Separation Agreement?

April 6, 2015

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 agreement is merged into an order or judgment of the court, then the effect is that the court has accepted and adopted the separation agreement as part of its order and, upon proper application made to the court, the court may enforce the agreement by…

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Part 2: Self-Help Legal Services: Helpful or Harmful?

October 26, 2014

Numerous online businesses have emerged in recent years that offer legal forms and information to enable consumers to create their own legal documents and perform many legal related services without the need for an attorney. The impact on a local level is that the number of pro se litigants (those representing themselves) has increased exponentially in Buncombe County over the past few years. The online and self-help legal service industry has been fueled by consumers…

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Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

October 26, 2014

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such as a Marital Settlement Agreement or Contract of Separation and Property Settlement Agreement, is a written contract between a husband and wife wherein they reach various agreements related to their marital separation. Some of the dangers of a do-it-yourself separation agreement are delineated below. Many…

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Modification of Child Custody

May 15, 2014

An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed from that established in an existing Order of the court or written agreement between the parties. Disputes over child custody are almost always emotionally charged and can lead to bitter and lengthy litigation. Under North Carolina law, child custody is always subject to modification by…

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Choosing the Best Lawyer for Your Divorce

March 22, 2014

Amid the angst and turmoil surrounding separation and divorce, one of the most important decisions that you will make will be your choice of an attorney. It is important to have a lawyer who inspires your trust and confidence, but also a lawyer who has expertise in the area of the law in which you need assistance. Even if you believe your divorce will be fairly amicable, or you do not have a large marital…

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