Family Law
A spouse who is dependent upon another spouse for financial support may find herself/himself with little or no income and limited financial resources when the parties separate. Financial constraints can make it difficult for a dependent spouse to retain an attorney to pursue claims for postseparation support and/or alimony. In order to level the playing field and allow a dependent spouse to employ legal counsel and litigate on substantially even terms, North Carolina law authorizes…
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Many people consider their pet as a member of their family, not just personal property. Consequently, when couples split up, there are sometimes disagreements as to which party should take possession and responsibility for the family pet. In North Carolina, dogs, cats, horses and other animals are considered personal property, such as a television or automobile. The laws of our state have not yet evolved to recognize pets and other animals as anything more than…
Read This Article >>Under current North Carolina law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient reason to believe that the child is at risk of bodily injury or sexual abuse, or there is substantial risk that the child may be removed from the state of North Carolina to evade the jurisdiction of the North Carolina courts. Under North Carolina law,…
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There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody of their child or a spouse whom they still love, it is not surprising that they may embellish or outright lie to try to bolster their case, conceal evidence that may be damaging to their case, or make false allegations to try to hurt or…
Read This Article >>Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other marital asset. In valuing household furnishings for purposes of division, North Carolina state laws require the court to use the fair market value of the item as of the date of separation, not the replacement value. “Fair market value” is considered the amount an item…
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