Separation & Divorce

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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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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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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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What Is “Divisible Property?”

August 10, 2015

In North Carolina, the assets and debts that couples accumulate from date of marriage to date of separation are presumed to be marital property that is subject to equitable distribution. For purposes of valuing the assets and debts, the marital estate is essentially “frozen” as of the date of separation. In order to take into account such things as passive changes in value of marital property that occurs between date of separation and date of…

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