Separation & Divorce

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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What Is Considered “Marital Property?”

July 27, 2015

In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. All assets and debts that the parties accumulate from the date of their marriage to the date of separation are presumed to be marital property. For purposes of equitable distribution, the marital estate is essentially “frozen” as of the date of separation. Ergo, the assets and debts that the parties own as of…

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Will Your Support Case Benefit from Retaining a Vocational Expert?

June 29, 2015

There are some situations in which your attorney may recommend that you retain certain professionals, such as an accountant, appraiser, or vocational expert, to assist with your domestic case. A vocational expert is a consultant who may be hired to prepare a report and testify as an expert witness at a deposition or in court regarding employment and economic issues that relate to a party’s ability to work and earn income, immediately and in the…

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