Practice Area Articles
The date of separation is determined by the actual date that the parties begin living separate and apart from each other in separate residences. Establishing separate bedrooms while living in the same house does not count toward the period of separation. The date of separation is an important date in matters related to divorce. In North Carolina, before a legal action for absolute divorce can be filed, the parties must be physically separated for at…
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Courts have an inherent duty to protect the interests of minor children. Therefore, child support may always be modified by a court having jurisdiction to ensure that child support is sufficient to meet the reasonable needs of the child and in accordance with each parent’s ability to provide for the child. Regardless of whether parties have a written agreement establishing child support or an existing court order setting child support, either party may initiate legal…
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Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the joint benefit of the parties. The fact that debt is established in the name of one spouse individually does not determine whether the debt is a marital debt or a separate debt for purposes of equitable distribution of the marital and divisible property and debts.…
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When a parent who has (or is seeking) custody of a child decides to relocate to another city or state, disputes regarding child custody or visitation may arise, especially if the other parent objects to the relocation. In circumstances where there is a written custody agreement or North Carolina Court order that establishes legal and physical custody of a child, it may be necessary for the parent who desires to relocate to initiate legal proceedings…
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Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the inevitable separation occurs. The decisions that you make during the divorce process can have serious and long-term consequences. Therefore, it is crucial that you make rational and informed decisions. The following are five tips to help you survive the emotional, financial, and legal realities of…
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