Separation & Divorce
During the pretrial discovery phase of a divorce and in child custody matters it is not uncommon for the opposing party to request your medical records. Whether an outside party is entitled to see your medical records is a matter that can be litigated, but generally speaking, when the records are relevant to the issues at hand, the opposing party may be justified in obtaining them. Your private health records can not be acquired by…
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If you have received an inheritance, or a gift, or anticipate receiving either in the future, you may be wondering how you can protect it from your spouse in the event of a separation and divorce. In North Carolina when spouses divorce all property acquired by either spouse during the marriage is automatically presumed to be “marital property” and therefore subject to equitable distribution. There are exceptions to the marital property assumption. One of those…
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If you are considering divorce and unsure where to start, you are not alone. Most individuals are intimidated at the thought of consulting with a divorce attorney because the process is unfamiliar and they don’t know what is expected of them during the meeting. Whether you are in need of an attorney to assist you in an emergency situation or you are considering a future separation and need to prepare, it is critical that you…
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Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property.In the context of equitable distribution, the term “separate property” refers to property that is owned by one spouse individually.
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In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business or third-party holds title to an asset that is claimed to be a marital asset? What if a spouse titles an asset acquired with marital funds in the name of a business or transfers title to a marital asset to a third-party, such as a child or parent, in an attempt to hide or divert the asset from the marital estate to deprive the other spouse of his/her share or interest?
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