Practice Area Articles

Understanding Mediation and How It May Benefit Your Domestic Case

January 15, 2015

A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from arbitration. In mediation, the mediator works with the parties to help them reach an agreement between themselves whereas in arbitration, the arbitrator makes the decision for the parties, much the same as a judge. In North Carolina, mediation is required in all divorce cases that…

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Graphic image of the Best Law Firms 2015 Badge provided by US News/Best Lawyers for the firm's inclusion as a Best Law Firm for Family Law and Bankruptcy.

Gum, Hillier & McCroskey, PA ranked in 2015 “Best Law Firms”

November 3, 2014

Gum, Hillier & McCroskey, PA is pleased to announce that the firm has been ranked in the 2015 “Best Law Firms” list by U.S. News & World Report and Best Lawyers® in the following areas: Metropolitan Awards Tier 1, Asheville, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Tier 1, Asheville, Family Law Firms included in the 2015 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients…

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Street sign against a cloud dappled sky above a grassy field that says "Rebranding" depicting changing a name and identity

How Can I Resume My Maiden Name or Former Surname Following Divorce?

October 30, 2014

North Carolina General Statute § 50-12(a) authorizes a woman whose marriage is dissolved by divorce to change her name to any of the following: “(1) Her maiden name; or (2) The surname of a prior deceased husband; or (3) The surname of a prior living husband if she has children who have that husband’s surname.” Section (a1) of that statute provides that any man whose marriage is dissolved by divorce may “change the surname he…

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Part 2: Self-Help Legal Services: Helpful or Harmful?

October 26, 2014

Numerous online businesses have emerged in recent years that offer legal forms and information to enable consumers to create their own legal documents and perform many legal related services without the need for an attorney. The impact on a local level is that the number of pro se litigants (those representing themselves) has increased exponentially in Buncombe County over the past few years. The online and self-help legal service industry has been fueled by consumers…

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Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

October 26, 2014

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such as a Marital Settlement Agreement or Contract of Separation and Property Settlement Agreement, is a written contract between a husband and wife wherein they reach various agreements related to their marital separation. Some of the dangers of a do-it-yourself separation agreement are delineated below. Many…

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