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Articles Posted in divorce lawyer

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Intent Can Confer Unequal Distribution

Montague v. Montague, 767 S.E.2d 71 (N.C. App. 2014) Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a small business? Businesses are subject to ED, and valuation of a business can…

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Celebrities and Family Law

We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our…

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Timelines, Deadlines, and Costs in Your Case

You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions…

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No-Fault Divorce in North Carolina

In the past, married couples had to show that their spouse committed marital misconduct to get a divorce. In a no-fault state like North Carolina, neither party must show any reason for the request for divorce nor show that the other spouse was at fault. N.C General Statute § 50-6…

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Simple Divorce? Think Again.

Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right?…

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Court’s Costly Confusion Over Profits and Expenses

Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…

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The Most Important Asset in a Marriage

All too often in the divorce process, couples become so focused on dividing marital assets, locating funds, and getting back at the spouse that has wronged them that their focus on the most critical part of their marriage gets overlooked. Children, the one part of the couple’s marriage that should…

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Returning to the Classroom During the Pandemic – Who Decides?

School starts soon, and parents in the Piedmont Triad area are understandably worried about their children’s exposure to COVID-19. Do I send my child back to the classroom, home school them, or opt for online classes? Fears over the lack of social distancing, schools enforcing mask policies of older students,…

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Separation Agreements: The Fiduciary Relationship Between Spouses

Searcy v. Searcy, No. COA11-11 (N.C. Ct. App. 2011) In North Carolina, settlement and distribution of marital property can be addressed in a separation agreement. Such an agreement is essentially a contract between the parties. A unique term, “fiduciary,” is sometimes used to describe a relationship between spouses that can…

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Reunification Therapy

The rules of Jenga are simple. First, you stack the 54 wooden blocks to create a tower; then, you slowly begin removing blocks from the tower and move them to the top of the tower. The player who removes a block from the tower, causing it to topple over, loses…

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