Equitable distribution is part of a North Carolina divorce if one or both of the spouses request it. This process allows marital property to be divided in a way that is fair and just, and there is no standard division template. Each case is unique, and property and debts will…
Equitable distribution in North Carolina can involve numerous types of marital property and hybrid property, including real estate, bank accounts, investments, vehicles, and personal property like jewelry. Retirement accounts are also a common asset that courts are asked to divide in divorces, but distributing certain retirement plans comes with complex…
Equitable distribution is a process in which the court, rather than dividing everything 50/50, determines what a fair division of the spouses’ property is. In some cases, an even split is equitable, but when a fair share is not equitable, the courts have the ability to divide the property unevenly.…
Many clients choose to represent themselves in family law matters, but this can cause procedural missteps and issues. North Carolina courts strictly require that the parties adhere to deadlines for filing motions. Failure to meet these deadlines could result in a court ruling against a party by summary judgment, meaning…
Claims of criminal conversation and alienation of affection are available in cases where one spouse engaged in an extramarital affair. These claims may be brought against the unfaithful spouse’s paramour in North Carolina, and you don’t always need strict evidence of sexual relations. Circumstantial evidence is often sufficient. Chagaris v.…
There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the…
North Carolina has a distinctive legal system for adultery. If your spouse cheats on you during the marriage, you may be able to file a lawsuit against the other man or woman who was involved in the affair. The legal claims are called alienation of affection and criminal conversation. To…
When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during…
When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by…
Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most…