Family Law

Will Having Sex With My Spouse Void Our Legal Separation?

January 22, 2015

Breaking up is hard to do. Many couples separate and get back together several times before the final break. As couples struggle with the conflicts of separation, sexual relations may be one way they test the water to decide if they want to salvage the marital relationship. North Carolina law requires that parties be separated for one year before an action can be filed for absolute divorce. Casual or isolated incidents of post separation sex…

Understanding Mediation and How It May Benefit Your Domestic Case

January 15, 2015

A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from arbitration. In mediation, the mediator works with the parties to help them reach an agreement between themselves whereas in arbitration, the arbitrator makes the decision for the parties, much the same as a judge. In North Carolina, mediation is required in all divorce cases that…

Gum, Hillier & McCroskey, PA ranked in 2015 “Best Law Firms”

November 3, 2014

Gum, Hillier & McCroskey, PA is pleased to announce that the firm has been ranked in the 2015 “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 included in the 2015 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients…

How Can I Resume My Maiden Name or Former Surname Following Divorce?

October 30, 2014

North Carolina General Statute § 50-12(a) authorizes a woman whose marriage is dissolved by divorce to change her name to any of the following: “(1) Her maiden name; or (2) The surname of a prior deceased husband; or (3) The surname of a prior living husband if she has children who have that husband’s surname.” Section (a1) of that statute provides that any man whose marriage is dissolved by divorce may “change the surname he…

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…