N.C. Family Law Blog
Property
New Equitable Distribution Law
As though the concept of equitable distribution wasn’t confusing enough already… now there’s new law out there regarding marital gifts when it comes to real property! Don’t worry; I’ll try to break it down for you. On October 1, 2013, the North Carolina Courts, through S.L. 2013-103, amended the marital property presumptions found in G.S. … Continue reading
Wife Sues Husband For Hiding Assets Acquired Illegally
An executive’s estranged wife will sue her husband in federal court. According to the wife, he was involved in a fraud to obliterate a financial services company, and was hiding assets from her in the Cayman Islands. The couple married in 1989, before the husband became a hedge-fund executive who made at least $40 million … Continue reading
Sticks and Stones may break your bones: The problem with marital property
The ink on the marriage license is barely dry and the next step for most couples is to buy a home together. So, what happens when happily ever after becomes more like nightmare before Christmas and you’re signing divorce papers? Sure, if you are pleasant and agreeable (not usual) you can avoid equitable distribution, and … Continue reading
5 Suggestions For Staying Calm During a Divorce Hearing
You have hired an attorney, maybe you have been to mediation, and now you are going to your first divorce hearing. It might be a hearing for temporary custody or temporary alimony or it could be that you have skipped the temporary hearings and you are going straight to trial on custody or support. Either way, I’m … Continue reading
5 Tax Implications and Divorce
It’s that time of year again. The holidays are gone. The tree is down. W-2’s will be in the mail and on their way before you know it. Each year tax season brings with it new law, new questions, and new decisions. Adding a divorce or separation in the mix makes things even more complicated. … Continue reading
What is Collaborative Divorce?
Collaborative divorce is one of the newest methods for resolving your divorce and custody dispute. The way it works is that each party (you and your spouse) retain separate attorneys. Both you, your spouse, and each of your individual attorneys agree to work together to negotiate a settlement. You all agree that you will not litigate the … Continue reading
20 Do’s and Don’ts for Surviving Divorce
Story courtesy of The Survivor’s Club Divorce can be a very confusing, often difficult time. And after the papers have been signed, things have been moved, and lives have been uprooted, nothing every really goes back to being the same. If you’ve recently been divorced, you may find yourself looking for a new home, or managing … Continue reading
Getting Divorced? Check Your Facebook Page!
Facebook has become a divorce attorney’s dream. People post on facebook things that in the past an attorney could only have gotten by hiring a private investigator. It seems today that everyone is sharing their dirty laundry with their online friends. If you are getting a divorce or even thinking about getting a divorce take a … Continue reading
Thinking about Divorce? Do These 10 Things First
1. Talk to a marriage counselor. Divorce is not easy on anyone. If you don’t know a counselor call our office and we can refer you to someone that can help. Do this even if your spouse doesn’t want to go with you. Also, think about talking with a pastor. 2. Consult with an attorney. … Continue reading
Equitable Distribution Case Law Updates
Cheek v. Cheek, filed N.C. Court of Appeals, April 19, 2011 (No. 10-736). Defendant appealed from the trial court’s equitable distribution order. First, Defendant argued that the trial court failed to classify properly the post-separation diminution in her retirement accounts as divisible property and apportion the loss between the parties. The court held that … Continue reading
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