North Carolina Divorce Lawyers Blog

Articles Tagged with divorce

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For unmarried parents, deciding which parent claims the child on their taxes is a common discussion point around the beginning of each year. Some divorce decrees or custody orders include stipulations for which parent can claim the child, but this is not always the case. If you do not have a court-ordered agreement, determining who qualifies for the earned income tax credit is crucial to ensure compliance with federal law. Continue reading →

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After you file a divorce complaint in North Carolina, you must serve your spouse with the complaint and the summons. There are somewhat complex requirements for how a spouse must be served with these legal documents. You cannot hand the divorce complaint and summons to your spouse personally; with limited exceptions, you must use one of the following methods:

  • Service by the sheriff’s department
  • Service by a private process server
  • Certified or registered mail with return receipt requested

If mailing the complaint and summons, you may use the United States Postal Service, UPS, or FedEx. You must file proof of service with the court to show your spouse received the documents. Continue reading →

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The end of a marriage can be devastating, no matter the circumstances, and it takes time to process the loss. Holidays like Valentine’s Day can be difficult, especially if it’s the first one after a divorce. It may be painful, but you can learn to navigate the different emotions you’re sure to feel. Here are a few ways you can shift your focus and view Valentine’s Day as a way to love and value yourself because you are truly worth loving. Continue reading →

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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 dismissal of your appeal. Two critical elements of North Carolina’s 30-day timeframe to file a civil appeal are when the clock starts counting down and what notification requirements exist. Continue reading →

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Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are handled slightly differently from other accounts like 401(k)s and IRAs. Continue reading →

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North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other spouse granted permission or if both spouses had affairs, but this is the general rule courts follow when ruling on alimony in North Carolina. Continue reading →

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A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →

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The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →

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In civil cases, such as divorces and equitable distribution matters, the defendant must be served with the summons and complaint prior to the date of the hearing. While process servers and the local Sheriff’s department can serve legal documents, you may also be able to serve the opposing party by mail. Continue reading →