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Separation

This category contains 19 posts

We’re Separated So It’s OK to Date Again, Right?

Wrong! Just being separated does not mean that it’s a good idea legally or even emotionally for you to start dating again. At least in North Carolina, any sexual relations with a person who is not your spouse is adultery in the eyes of the law, regardless of the words in a separation agreement. It’s … Continue reading

Think getting a divorce is going to make you happier?

Check out these statistics: Look at 100 Single (never married) women is and typically 2.4% of them are Depressed. 100 Married (never divorced) women have a Depression rate of 1.5%. 100 Women who have been Divorced once have a Depression rate of 4.1% 100 Women Divorced twice have a rate as high as 5.8%. Divorce … Continue reading

Judge Allows Skype Visitation in Child Custody Case

There once was a time when if you lived in another state you didn’t see your child except for the holidays and summer vacation. That is not the case anymore. With new technology like Skype parents are thinking creatively about how to be active parents even when they are miles away. In several recent court … 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

Is Your Spouse Tracking You With Your Cell Phone?

When Apple released its new iOS 5 operating system to go with itsiPhone 4S, it touted a new app called “Find My Friends” as a great way to track and meet up with friends. If they agree, you can see their locations on a map on your screen. But the app’s enterprising customers are apparently already finding other uses. … Continue reading

Agree to Litigate in Private: Think Again the T.V. Can Find You

The North Carolina Court of Appeals in France v. France affirming a lower court ruling that had declined to close proceedings in a family law dispute.  The decision was significant in that the parties had sought to close proceedings on the basis of a confidentiality provision in a separation agreement.  In 2007 the parties separated. They … Continue reading

Child Support Case Law Updates

Metz v. Metz, filed N.C. Court of Appeals, June 7, 2011 (No. 10-1382). Father was convicted of sexual battery of a minor (one of his own children), and as a consequence, both his licenses as a certified registered nurse anesthetist and registered nurse were suspended, he was placed on the sex offender registry, and he … Continue reading

Baumann Paves Way for Pre-Separation Support Orders

In Baumann-Chacon v. Baumann, 710 S.E.2d 431 (N.C. Ct. App. 2011), the wife who was not separated from her husband and had not yet filed a complaint for divorce filed an action for temporary custody, alimony, and child support. The District court dismissed the case because of a lack of jurisdiction. The wife appealed, on a … Continue reading

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