Family Law

Closeup image of a credit card with wedding rings on the top of it depicting marital debt.

Is Debt Incurred in the Name of One Spouse Considered Marital Debt?

January 11, 2016

Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the joint benefit of the parties. The fact that debt is established in the name of one spouse individually does not determine whether the debt is a marital debt or a separate debt for purposes of equitable distribution of the marital and divisible property and debts.…

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Image of empty room with high ceilings and shiny wood floors with seeral boxes packed and ready to go depicting relocating.

Relocation and Child Custody: Can I Relocate With My Child to Another City or State?

December 18, 2015

When a parent who has (or is seeking) custody of a child decides to relocate to another city or state, disputes regarding child custody or visitation may arise, especially if the other parent objects to the relocation. In circumstances where there is a written custody agreement or North Carolina Court order that establishes legal and physical custody of a child, it may be necessary for the parent who desires to relocate to initiate legal proceedings…

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Vector drawing of man with a broken heart floating over his head behind a book entitled tips for surviving a breakup

Five Tips to Help You Survive Divorce

December 7, 2015

Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the inevitable separation occurs. The decisions that you make during the divorce process can have serious and long-term consequences. Therefore, it is crucial that you make rational and informed decisions. The following are five tips to help you survive the emotional, financial, and legal realities of…

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Small statue of Lady Justice against marble.

Can My Spouse and I Use the Same Divorce Attorney?

November 17, 2015

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property and debts, as well as the actual “absolute” divorce. Divorcing spouses often look for ways to reduce their legal expenses and may wonder if they can use one attorney to prepare their separation agreement and/or obtain their divorce. In North Carolina, the answer is “no.”…

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Graphic image of the Best Law Firms 2016 Badge provided by US News/Best Lawyers for the firm's inclusion as a Best Law Firm for Family Law and Bankruptcy.

Gum, Hillier & McCroskey, PA ranked in 2016 “Best Law Firms”

November 2, 2015

[vc_row][vc_column][vc_column_text] We are pleased to announce the firm has been ranked in the 2016 “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 selected to the 2016 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a…

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