Practice Area Articles
Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other marital asset. In valuing household furnishings for purposes of division, North Carolina state laws require the court to use the fair market value of the item as of the date of separation, not the replacement value. “Fair market value” is considered the amount an item…
Read This Article >>Social networking websites, such as Facebook, Twitter, MySpace, and LinkedIn, provide a unique forum for us to connect and share information with others. As the use of such social media has gained in popularity, lawyers, opposing parties, and investigators have learned that these websites provide a trove of personal and professional information that can be used as evidence, or facilitate further investigation and discovery, in legal proceedings. The following tips can help you avoid some…
Read This Article >>When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to occur with little, if any, opportunity for advance planning. When a spouse hastily vacates the marital home, that spouse may no longer have access to the home where property is located and important financial records may be maintained. If your marriage is on the rocks…
Read This Article >>What we generally think of as “adultery,” is referred to by North Carolina Gen. Stat. 50-16.1A(3)(a) as “illicit sexual behavior” which is defined as “sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse” that occurs during the marriage and prior to or on the date of separation. Adultery is one of the common reasons a marriage…
Read This Article >>A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even if the parents have a verbal agreement or mutual understanding that one parent should have primary physical custody of the child, it is in the best interest of the child and the parents to have a written custody agreement or court order setting forth each parent’s…
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