Family Law

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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What Is Cohabitation and How Will It Affect My Alimony?

November 2, 2015

[vc_row][vc_column][vc_column_text]When alimony is paid pursuant to the terms of an order entered by a North Carolina Court, then North Carolina law governs the conditions under which the alimony terminates. Under North Carolina law, alimony shall terminate upon the first to occur of the following: (1) the date, time period, or circumstances specified by the court in its order, (2) the death of either the supporting spouse or the dependent spouse; (3) the dependent spouse’s remarriage;…

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Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?

October 11, 2015

In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There is a presumption that an equal division of marital and divisible property is equitable, or fair. However, depending on the circumstances of the case, there are numerous factors that the court can consider in distributing the marital estate unequally between the parties. Some of those…

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Cautionary Tale of Online Cheating

October 1, 2015

In today’s world, websites and modern technology, such as email, instant messaging, and texting, provide a means for cheaters to establish and maintain extramarital relationships with a greater degree of secrecy from unsuspecting spouses. Thus, it is not surprising that there are websites, such as AshleyMadison.com, that are designed to connect married people who want to have an affair. AshleyMadison.com promotes infidelity through its website and blog posts and uses the tagline: “Life is short.…

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How Is Property Valued for Purposes of Equitable Distribution?

September 13, 2015

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. For purposes of equitable distribution, the parties’ marital assets and debts are valued as of the date of separation. The value of property is determined based upon the fair market value. Fair market value is considered an estimate of the amount in which a willing buyer would pay, and a willing seller would…

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