Tag Archives: North Carolina

Pre-Nup or Post-Nup for the Pooch

One thing you can say about people in Wake County is that they love their dogs. In fact, in an equitable distribution or divorce action, “dividing the dog” is something that comes up more often than most people realize. There is an old joke about a man who is sitting in a bar telling his […]

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What is Marital Property?

One of the difficult areas people face when going though a separation and divorce is the valuation and distribution of property. The law of North Carolina states that upon separation, either party may petition the court for equitable distribution of marital property. (N.C.G.S. §50-21) Separation begins when a couple lives separate and apart from each […]

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Frequently Asked Questions About International Family Law Issues

International law is a complex area. Most matters concerning legal actions by citizens of different countries are controlled by various treaties and treaty obligations. However, in the United States, unlike other countries, the family law differs from state to state and is not a federal law. For that reason, there is no interpretation of the […]

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Frequently Asked Questions About Property Issues

What Is Martial Property? Marital property is property acquired by either or both of the parties during marriage, other than gifts from third parties or an inheritance, which is owned by the parties on the date of separation. It includes both assets and debts. So long as the asset or debt was acquired during marriage […]

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Frequently Asked Questions About Child Support/Custody

What is Child Custody? Child custody has two parts. Legal custody is the right to make decisions as to how your child will be raised, including the right to participate in medical decisions, determine religion or education and decide what values you will teach your children. It involves all the issues that go into parenting […]

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Frequently Asked Questions About Divorce

What Is A Divorce? A divorce, known as an “absolute divorce”, is an absolute and final termination of the marital relationship between two people who have been legally married. There are other terms which some people mistakenly call a divorce, but which have a different legal meaning such as: Separation: A separation begins when two […]

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When and How to Use Experts in Custody Cases

Having been in domestic court for over 30 years, I have had too many occasions to hear a judge say to people, “Folks, why would you ever want to put the fate of your children in the hands of a stranger?” That statement is a judge’s way of telling the parties that custody matters are […]

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How Can You Prove Reconciliation?

Reconciliation of Marriage means that the parties to the marriage started to live separate and apart and at least one of them intended that the separation would be permanent but after that time the parties resumed the marital relationship. The North Carolina General Statutes §52-10.2 defines resumption of marital relations as follows: “Resumption of marital […]

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Foreign Divorces

Can you get a Quickie Divorce? Often times when a decision to divorce is made, a party wants the matter settled immediately. However, in North Carolina, one of the parties must be a resident of North Carolina for a minimum of six months directly preceding the filing of the action, AND the parties must be […]

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