Family Law

Dating After Separation

August 23, 2013

A question that family law attorneys are often asked is: “How long after separation should I wait before I start dating?” Unfortunately, the answer varies depending on the unique circumstances of each case, the legal issues involved, and the geographic region where the parties reside. There are a number of reasons why family law attorneys who practice in or around Asheville, North Carolina recommend clients resolve their legal and personal issues with their current spouse…

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Who should get the marital home?

July 22, 2013

When parties separate and begin the process of dividing their marital property, one of the assets they are likely to deal with is their marital home. In North Carolina, in a typical equitable distribution case, there are normally three options for disposing of the marital home. Those options are: 1. Distribute the home to the husband; 2. Distribute the home to the wife; or 3. Sell the home. This may seem like a simple process;…

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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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