Family Law
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation support and alimony awards, and the results can vary greatly from case to case. One factor that may be considered in determining postseparation support and alimony awards is the tax consequences that may result from those awards. Awards of postseparation support and alimony are considered…
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…
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 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…
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…
