North Carolina Divorce Lawyers Blog

Articles Posted in ClientVille

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Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count towards this calculation is crucial to assure you are in the best position in these proceedings.

But can these calculations include expenses like private school tuition and business expenses? Continue reading →

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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. Continue reading →

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The phenomenon of “gray divorce” is reshaping the landscape of family law. Couples aged 50 and older increasingly are choosing to end their marriages, often after decades together. This trend, once rare, has become more common as people seek fulfillment in their later years. Continue reading →

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How to divide marital assets and property is one of the most hotly-contested aspects in divorce proceedings, and the principal of equitable distribution governs the process of this division. While dividing up assets like a house, car, or other tangible property may seem simple enough, there are other assets like a retirement account or trust fund that may be subject to equitable distribution as well. Continue reading →

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As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving.

Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly influence child custody cases, affecting parents’ rights and family dynamics. Continue reading →

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For many, the holiday season is a time of joy, family gatherings, and shared memories. However, this time of year can also be rife with challenges, especially for those dealing with forms of domestic violence. Continue reading →

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In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification of personal vs. marital property in the context of divorce proceedings. Continue reading →

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Bankruptcy can complicate family law proceedings, especially when trying to determine what assets will be distributed. Normally, bankruptcy can be used to shield certain properties from being included in divorce proceedings. However, certain types of assets will not be excluded because of one spouse declaring bankruptcy.

If your former partner declares bankruptcy during divorce proceedings, will that preclude you from being able to recover an interest in their pension benefits? Continue reading →

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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 a determination is made by the court before the trial even begins.

But if you are representing yourself and you miss a deadline, can you appeal that summary judgment ruling? Continue reading →