Separation & Divorce

Do I have to turn over my medical records during divorce?

Do I have to Provide My Medical Records to My Ex in a Divorce

April 18, 2023

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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Black and white image of an apple sliced in half with forks protruding from each of the halves denoting equal distribution and splitting of marital property

How to Protect your Inheritance from your Spouse During a Divorce

February 2, 2022

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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Image of a typewritten agreement for divorce on white paper with a pair of eyeglasses folded on top of it.

What to Expect During Your Initial Divorce Consultation

December 21, 2021

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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Image of a single toothbrush on a white field depicting the idea of separate personal property.

How Separate Property Can Become Marital Property

February 9, 2017

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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Image of a toy, possibly a model, of a bright red antique truck filled with colorful tools depicting the idea of property belonging to a family that might be titled by a business or third party

What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

February 9, 2017

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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