North Carolina Divorce Lawyers Blog
All court cases must follow certain rules and processes that dictate how they progress through the system and reach a resolution. Divorce cases must adhere to civil procedure, which includes strict rules regarding elements like pleadings, discovery, hearings, and evidence. Failure to meet any of the requirements of civil procedure could result in evidence being excluded, unfavorable rulings, or even sanctions. Continue reading →
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Ex-Spouse or Current Spouse: Who is Entitled to Survivor Pension Benefits?
Retirement funds can be distributed between spouses as part of property distribution during divorce, and this includes naming one ex-spouse the beneficiary of the other’s survivor pension benefits. In some cases, this process is fairly straightforward; the beneficiary receives the survivor benefits upon the death of the pension plan participant. If the participant remarries, the divorce decree or separation agreement is likely not enough to override statutory guidelines for distributing survivor’s benefits. Continue reading →
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I’m Movin’ Out
By Paul K Mengert, II, JD
Moving out is not a good first step to divorce.
Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →
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A Message Every Parent in the Triad Needs to Hear
By Cheri’ Reaves, NCCP
After a deep conversation with a close friend, I felt the need to share something urgent. We were talking about children, technology, and how early they’re being introduced to smartphones, tablets, and social media. This isn’t just about screen time—it’s about real dangers lurking behind those screens. Continue reading →
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Can QDROs Award Retirement Benefits to Alternate Payees After They Die?
Qualified Domestic Relations Orders (QDROs) award retirement benefits to someone who is not the owner or payee of the plan. This person is called the alternate payee, and they are often spouses and ex-spouses. Retirement benefits can be considered marital property and divided in equitable distribution during divorce proceedings. However, since some divorces can take years to finalize, there are many considerations for property distribution, including the death of either spouse. Continue reading →
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Is Property Acquired During Marriage Always Considered Marital in Equitable Distribution?
Equitable distribution can be requested in North Carolina divorces, which means the court will determine the fairest way to divide assets and debts rather than dividing property evenly. The presumption is typically that any property acquired during marriage is considered marital property and therefore is subject to equitable distribution. However, there are exceptions such as inheritance and certain gifts. Continue reading →
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Summer Vacation Ideas for Divorced Parents in the Triangle
Summer is the best time of year; schools are out, you get to spend time with your kids, and the weather is great! However, the summer months can be tricky for divorced parents since there are often custody agreements to consider. The good news is that there are tons of fun activities in the Triangle that make it easy to create unforgettable memories with your kids. If you’re looking for summer vacation ideas you and your little ones are sure to love, this article’s for you! Continue reading →
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Billionaire Vows: What Jeff Bezos’ Prenup Teaches Us About High-Stakes Marriage Planning
When the world’s third-richest person delays his wedding, people pay attention. Not just to the glitz and guest list, but to the legal mechanics behind the scenes.
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Can Wives Be Forced to Pay Alimony in North Carolina?
Historically, the husband was considered to be the breadwinner of the household. Even when women began working outside the home, husbands typically earned more money. Since alimony is largely based on the income and earning capacity of spouses, the most common arrangement was for men to pay support to their ex-wives. Not only was this typical of the time, but some states also had alimony laws that only applied to men. Continue reading →
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Business Valuations in North Carolina Divorces
North Carolina law states that it is presumed that all property acquired between the date of marriage and separation is considered marital property, which includes business interests. When determining the value of businesses, goodwill is often a component of the valuation. This includes intangible assets like brand reputation, intellectual property, customer relationships, and future earning potential. While goodwill is challenging to quantify, it does have value and marketability. Continue reading →