Practice Area Articles
In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement on child custody, a judge must make a decision that would best promote the interest and welfare of the child. Determining what constitutes “the best interests of the child” can be very subjective. However, there are a number of considerations that can be raised in…
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Almost everyone has heard a divorce horror story about a divorce case that lasted for years and/or cost a small fortune in legal expenses. While those cases are the exception, they do occur. The absolute (actual) divorce is usually a simple process that can be completed within approximately 45 days from when the other side is served with divorce paperwork, or about 60 days from filing a lawsuit for divorce unless there are contested issues,…
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In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When parties attempt to represent themselves in the divorce process and forgo the benefit of legal counsel, they place themselves at risk of adverse legal and financial consequences that could end up costing them more than if they had hired an attorney. Before you elect to…
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The North Carolina Child Support Guidelines provide a formula for determining the presumptive child support obligation for parties’ whose combined adjusted gross income is $300,000 per year or less. The child support guidelines allow various factors to be taken into consideration when determining each parent’s presumptive child support obligation. These various factors include, but not are not limited to, adjustments for work-related child care expenses, health and dental insurance expense for the child, and a…
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Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included in the marital estate. Separate property includes: property that was owned by a spouse prior to marriage; property acquired in exchange for separate property; and property that was received by gift or inheritance. It is well established that gifts to a spouse from a third-party…
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