Family Law
In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such as a Marital Settlement Agreement or Contract of Separation and Property Settlement Agreement, is a written contract between a husband and wife wherein they reach various agreements related to their marital separation. Some of the dangers of a do-it-yourself separation agreement are delineated below. Many…
In North Carolina, “separate property” refers to assets or debts owned by one spouse individually. Separate property is considered all property (real estate or personal property) acquired by a spouse prior to marriage, or acquired by gift or inheritance during the marriage. Separate property includes debts acquired prior to marriage such as student loans or credit card debt. Separate property can include assets and debts that do not fit so neatly into the above-referenced definition.…
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…
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…
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,…
