Family Law

What is discovery and why does my attorney need so many documents from me?

June 15, 2013

In the world of litigation, it is not always sufficient to simply offer as evidence an opinion based on conjecture or recollection. The most credible evidence is that which is supported by actual documentation or other physical evidence. If your domestic case involves contested issues of child custody, child support, spousal support, or property division, your attorney will need extensive financial and personal information and documentation from both you and the opposing party to verify…

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Divorce and Emotional Support

May 24, 2013

Divorce is not only stressful, but it can be traumatic as well. Many people who are going through divorce feel like their life has been shattered or turned upside down. According to the Holmes and Rahe Social Readjustment Rating Scale (SRRS), divorce is the second most stressful life event an individual may experience, preceded only by the death of a spouse. As family law attorneys, we understand that the effects of divorce can be devastating…

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Marital Fault and Alimony

April 29, 2012

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina, and represents a very important change in our state laws. While not a requirement, the finding of marital fault on the part of a supporting spouse is no longer the sole issue in the award of support to a dependent spouse. Fault on the part…

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What is a Dependent Spouse?

April 29, 2012

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse. A dependent spouse is a husband or wife who is actually and substantially dependent on the other spouse for maintenance or is substantially in need of support from the other spouse.

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Image of an incomplete arbitration agreement on a wooden desk with lawyerly things, a pen, a stamp, reading glasses, a law book and a gavel.

What is Alternative Dispute Resolution?

April 17, 2012

It is becoming very common for our clients to ask about alternative dispute resolution (ADR). In fact, in many judicial districts in North Carolina, the district court has adopted rules for mandated ADR in family law cases. The goal of the Administrative Office of the Courts is to have statewide mandatory custody mediation and mandatory ADR for the resolution of financial issues related to separation and divorce. Even after you file a lawsuit, statistics show…

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