Family Law

Five Tips to Help You Survive Divorce

December 7, 2015

Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the inevitable separation occurs. The decisions that you make during the divorce process can have serious and long-term consequences. Therefore, it is crucial that you make rational and informed decisions. The following are five tips to help you survive the emotional, financial, and legal realities of…

Can My Spouse and I Use the Same Divorce Attorney?

November 17, 2015

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property and debts, as well as the actual “absolute” divorce. Divorcing spouses often look for ways to reduce their legal expenses and may wonder if they can use one attorney to prepare their separation agreement and/or obtain their divorce. In North Carolina, the answer is “no.”…

Gum, Hillier & McCroskey, PA ranked in 2016 “Best Law Firms”

November 2, 2015

[vc_row][vc_column][vc_column_text] We are pleased to announce the firm has been ranked in the 2016 “Best Law Firms” list by U.S. News & World Report and Best Lawyers® in the following areas: Metropolitan Awards Tier 1, Asheville, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Tier 1, Asheville, Family Law Firms selected to the 2016 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a…

What Is Cohabitation and How Will It Affect My Alimony?

November 2, 2015

[vc_row][vc_column][vc_column_text]When alimony is paid pursuant to the terms of an order entered by a North Carolina Court, then North Carolina law governs the conditions under which the alimony terminates. Under North Carolina law, alimony shall terminate upon the first to occur of the following: (1) the date, time period, or circumstances specified by the court in its order, (2) the death of either the supporting spouse or the dependent spouse; (3) the dependent spouse’s remarriage;…

Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

October 11, 2015

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 are numerous factors that the court can consider in distributing the marital estate unequally between the parties. Some of those…