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Articles Posted in family law attorney

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Fans Tell Author “It Ends With Us”

Colleen Hoover is unstoppable. To say she is a best-selling novelist is an understatement. In 2022, Hoover held six of the top ten spots on The New York Times’ paperback fiction best-seller list. She has sold more than 20 million books. Her social media presence reaches far and wide. She…

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Inheritance and Equitable Distribution

Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends. North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either…

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Alcohol Abuse and Alimony

Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. What Does the Law Say? North Carolina General Statute § 50-16.3A states that, upon the court determining that one party is the…

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Secretly Recording Your Spouse

As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there…

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Annulment Versus Divorce

Three days after your wedding, it happens: You realize you’ve made a HUGE mistake. No worries, though, you can just get an annulment, right? In North Carolina, maybe not! Unless you fall into a few very specific categories, you are going to have to get a divorce instead. What is…

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Child Support and Credit for Overpayment

BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished). Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned…

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Legal versus Physical Custody

Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…

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Child Support and Deviation From Guidelines

WINEBARGER v. STEEN, 2022-NCCOA-739. Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions…

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How Court Treats Post Separation Payments, Part 2

Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should…

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DVPOs and Personal Jurisdiction

Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective…

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