Family Law

What Is Considered “Marital Property?”

July 27, 2015

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 from the date of their marriage to the date of separation are presumed to be marital property. For purposes of equitable distribution, the marital estate is essentially “frozen” as of the date of separation. Ergo, the assets and debts that the parties own as of…

What Should I Wear to Court (and why does it matter)?

July 8, 2015

The clothes you wear say a lot about who you are. By simply observing a person’s clothing, consciously or unconsciously, we form impressions about that person’s attitude, lifestyle, social status, or even religion. The way you dress conveys a message, and when you are going to court, the message matters. Regardless of whether you’re going to court as a party to a lawsuit, a witness, or an observer or supporter, you should dress appropriately for…

Will Your Support Case Benefit from Retaining a Vocational Expert?

June 29, 2015

There are some situations in which your attorney may recommend that you retain certain professionals, such as an accountant, appraiser, or vocational expert, to assist with your domestic case. A vocational expert is a consultant who may be hired to prepare a report and testify as an expert witness at a deposition or in court regarding employment and economic issues that relate to a party’s ability to work and earn income, immediately and in the…

Consequences to Consider for Failure to Pay Child Support

June 17, 2015

If you are experiencing financial hardship and having difficulty complying with a court order requiring you to pay child support, you might want to think twice before you become delinquent in your obligation and accumulate child support arrearages. Failure to pay court-ordered child support can have serious and long-term legal, financial, and personal consequences. A person to whom child support is owed is deemed a creditor of the child support “obligor” (the person obligated to…

Dividing Retirement Accounts upon Divorce

May 12, 2015

In North Carolina, interests in retirement accounts or benefits that are earned during the marriage are considered marital property that is subject to division between the parties upon divorce. There are many different types of retirement plans and accounts. In order to divide certain types of retirement plans between spouses incident to divorce, federal law requires that a special court order be entered directing how the retirement plan administrator or trustee is to assign the…