Practice Area Articles

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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Does Child Support Automatically Terminate When My Child Turns Age 18?

September 2, 2015

Ordinarily, a parent’s legal responsibility to provide child support for their child terminates when the child attains age 18. However, there are exceptions. If the child is still in primary or secondary school when the child attains age 18, child support will continue by law until the child graduates from high school, ceases to attend school on a regular basis, fails to make academic progress, or reaches age 20, whichever first occurs. Upon application to…

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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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What Should I Wear to Court (and why does it matter)?

July 8, 2015

The clothes you wear say a lot about who you are. By simply observing a person’s clothing, consciously or unconsciously, we form impressions about that person’s attitude, lifestyle, social status, or even religion. The way you dress conveys a message, and when you are going to court, the message matters. Regardless of whether you’re going to court as a party to a lawsuit, a witness, or an observer or supporter, you should dress appropriately for…

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