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December 2016 Archives

Financial tips for divorcing couples

When North Carolina couples decide to get a divorce, they don't usually know exactly what they're getting into. As such, some of the financial ramifications of asset division, child support and alimony can really take them by surprise. Those surprises could translate into financial troubles, so it is important for couples to speak with an attorney and financial advisor as soon as possible, either before or during their divorce process.

What is the legal definition of joint custody?

Are you engaged in a child custody lawsuit and fighting for your right to have joint custody? It's important that you understand exactly what joint custody means under the law. That is because there are two types of child custody that parents hold, and North Carolina parents may want to have joint custody under both of these types of custodial scenarios: legal custody and physical custody.

Can you withhold child support if you are denied visitation?

During divorces, child support and custody are often two of the most contentious areas for former spouses to agree on. All too often, divorcing parents let their emotions control their decisions, leading to poor decision making. If you are the non-custodial parent, arguments and disagreements during or after the divorce process could result in your former spouse withholding or reducing visitation.

Child custody and same-sex parents

The law has come a long way when it comes to giving same-sex couples the marriage rights they have always deserved. However, even though the laws on the books have changed, it will take some time before the courts and judges develop legal precedent with regard to the interpretation of those new laws. This is especially the case when it comes to same-sex couples and child custody.

Who will get the family home in my divorce?

Home is where the heart is, and when your heart is aching during the process of going through a divorce, a safe and cozy home is so incredibly important. This brings up the very important question of who will get to keep the family home in your divorce. Unfortunately, there is no cut-and-dry answer to this question because it depends on you and your family's circumstances.

Should I Pay My Child Support in Cash?

NC law states that "Payment for the support of a minor child shall be paid by lump sum payment, periodic payments, or by transfer of title or possession of personal property of any interest therein, or a security interest in or possession of real property, as the court may order".

Separation Agreements: Don't Try This at Home!

First, a request; please don't use separation agreements you find on the internet. Self-drafted legal documents, whether templates or samples by people that mean well, create more problems than they solve. Even internet documents that look well-constructed are often fatally flawed, or even incomplete.

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