Separation Agreements: Not for Do-It-Yourselfers
First, a request; please don’t use a separation agreement from the internet. “Do-It-Yourself” legal documents, whether posted as templates or as samples by people that mean well, are not problem-solvers. They are problem-causers. We frequently see clients with separation agreements they believed were well-constructed and fit their particular situation, but in reality, the document was…
Read MoreDividing Retirement Plans – The QDRO
When you and your spouse divorce, your marital assets and debts will be divided between you. Often, the marital assets of greatest value are retirement plans, including pensions and profit-sharing plans such as 401(k)s. Unfortunately, dividing retirement assets is not usually as simple as transferring money from one account to another, or “cashing out” an…
Read MoreIssues Specific to Military Divorces
Serving your country is one of the most admirable occupations someone can choose. It’s also fraught with hardship. Many members of the military marry – and often, they marry young, which means their young spouses and children also serve and sign on to endure long-term absenteeism of their spouse. Both parties in a military marriage…
Read MoreI Think My Children’s Other Parent Is Unfit. How Do I Prove It?
Raising children is a tough job, especially today when life is so fast paced. Your kids have many needs and require a lot of attention and care. Education, health, and nutrition are just the tip of the iceberg when it comes to caring for your children. You assume both you and their other parent have…
Read MoreThings No One Tells You after Your Divorce Is Final
There are so many pitfalls of divorce that you are unfortunately forced to learn as you go. Every divorce is as different as the people going through one so it stands to reason that while some events will be similar, everyone’s overall experience will be unique. At some point you begin to realize that adjusting…
Read MoreCan I Date While I’m Legally Separated?
Once you have come to terms with the fact that your marriage really is over, you may begin to think about starting fresh with a new relationship, or even just dating. For some people, moving on is a little easier than it is for others, and you can’t predict when you might meet the right…
Read MoreAn Affair Your Bank Account Will Remember: Losing Your Life Savings to a Hurt Spouse
If you have been in a relationship, chances are that you have at least thought about whether your partner was cheating, or what you would do if you discovered that he or she was having an affair. For the majority of people, when their romantic partner has slipped, it’s the emotional unfaithfulness that hurts most.…
Read MoreWho Are the People Who Assist with My Divorce?
When you hire a law firm to handle your divorce, you likely believe that your attorneys will handle everything going forward, and that your job has been reduced to providing periodic information to them and showing up for court. In some cases this may be true, especially if you and your spouse are splitting amicably…
Read MoreTying Up the Loose Ends of Your Divorce
It never fails. Your divorce is over, and you feel like you’re finally going to get some breathing room, but you still have some unfinished business to handle. Complying with the terms of your divorce decree can feel like a long, drawn out homework assignment, but the sooner you get through it, the sooner you…
Read MoreBe a Survivor: Divorce Based on Domestic Violence
Domestic violence has become such a significant crisis in the United States that the entire month of October is dedicated to its awareness. For those who are battered, it can seem like an impossible situation to escape. The National Domestic Violence Hotline reports that “More than 1 in 3 women (35.6%) and more than 1…
Read More4 Tips for Making the Most of Your Time with Your Children
When you have children, no parent likes the idea of being told that you can only see your children on a set schedule. Your children are probably less thrilled with the situation because it means they have to shuffle back and forth to live between two homes, which may or may not be close by.…
Read MoreCan a child refuse to follow a visitation order?
When establishing child custody and visitation arrangements in North Carolina, the ultimate goal is to account for the best interests of all children involved in order to facilitate healthy relationships between them and each of their parents. Given that family dynamics can vary significantly from case to case, however, there are instances where children are…
Read MoreStatistics: Children & Divorce
The prevalence of divorce in the United States has helped researchers gather data on how divorce impacts families. In this post, Epperson Law Group will discuss pertinent statistics concerning how divorce impacts children. We hope you can use this data to help your kids through your divorce process. Children & Divorce Statistics Educational Impact Divorce…
Read MoreHow a psychologist can help with your child custody case
Psychologists are frequently brought in during child custody proceedings to support an award of child custody to one parent over another. Psychologists are also useful in supporting decisions related to guardianship, abuse, neglect and the termination of custody. The American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct offers guidelines to psychologists to use when…
Read MoreNonbiological same-sex parents: What are your rights?
If you’re a member of the lesbian, gay, bi-sexual, transgender, queer (LGBTQ) community in North Carolina, you’re well aware of the fact that LGBTQ parental rights haven’t been high on our state’s legal agenda. However, last month, the North Carolina Court of Appeals issued a ruling that supported the cause of same-sex spouses, and particularly…
Read MoreChild custody: Health insurance and health care for your child
Making sure your child has appropriate medical insurance and adequate health care is not something that you ever want to leave up to chance. However, if you don’t pinpoint what you and your ex-spouse’s responsibilities are when it comes to providing medical coverage, you may open the door for serious disagreements later. This often becomes…
Read MoreCustody Modifications Must Be in the Child’s Best Interest
Often, in a divorce, issues of child support and child custody can be difficult and even contentious. Resolving issues of which parent receives legal and/or physical custody of the children can be complicated enough to figure out at the time of your divorce – but what if, sometime down the road, circumstances change? There are…
Read MoreIs the 60-40 child custody plan right for your children?
What Is the 60/40 Child Custody Split? There’s a common perception in child custody cases that North Carolina courts favor the mother, almost always awarding them primary custody. However, over the past decade or so, this “default” has fallen out of favor and courts are moving toward more equitable custody arrangements. With the numerous logistical…
Read MoreIs an 80/20 child custody plan right for you?
Not all parents can make an equal, 50/50 parenting schedule work. A 50/50 schedule usually requires two parents who have the typical “9-to-5” work schedule, live close to one another and their children’s schools and can diplomatically communicate with one another. If these conditions aren’t true for you and your ex, then you might consider an 80/20…
Read MoreQuestions to ask before you pull the trigger on your divorce
Every person who has been through divorce proceedings in North Carolina reached a point at which they realized the end of their marriages were inevitable. In some cases, the decision might be yours to get a divorce. In others, it might be your spouse’s decision. Alternatively, the decision might be mutual. If you’re currently undecided…
Read More6 Requirements For Your Prenuptial Agreement
A lot of spouses enter into marriage fully confident that they have protected themselves — and their financial situation — with a prenuptial agreement. However, not all prenuptial agreements will hold up in court, so it’s important for future spouses to educate themselves on what constitutes a valid prenup. For one thing, both you and…
Read MoreAre you involved in a pet custody battle?
Now that your marriage is coming to an end, you’re probably looking to your best friends for extra support. If one of those best friends happens to be your dog, and your spouse has as strong of a connection to the animal, you could be facing a pet custody battle in divorce court. A lot…
Read MoreWill my spouse get part of my inheritance in our divorce?
Let’s say your marriage has been on the rocks for the last five years, but you stayed together for financial reasons. However, you recently received a $2 million inheritance and now you have the financial independence you need to break free. The worry is: Will your soon-to-be-ex-spouse get to take half of your inheritance money?…
Read MoreCan 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…
Read MoreWhat if a parent misses a designated child visitation time?
North Carolina parents live busy lives, and sometimes it’s hard to juggle schedules and – for non-custodial parents — this might cause them to miss a designated child visitation time. However, other times, missing parenting time with one’s children is the result of that parent’s irresponsibility and/or lack of interest in his or her children.…
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