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Posts made in April, 2012

Benefits of Mediation

Apr 17, 2012 in Mediation & Negotiation

These are some of the benefits of mediation: Minimizes unnecessary conflict and stress Reduces costs and increases efficiency of the divorce process Encourages productive communication Allows for creative, personalized solutions Preserves privacy Gives the parties more control over process and outcome Takes less time than litigation and traditional negotiation Usually produces more satisfactory results Julie Woodmansee is a trained mediator. Contact our office to find out if mediation is right for you and your family. professional essay...

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The Law of Spousal Support

Apr 17, 2012 in Spousal Support

Post-separation support (PSS) is defined as spousal support to be paid until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony. Whereas alimony is defined as an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term. Unlike child support, PSS and Alimony calculations are not based on a formula or guidelines. In that regard, Judges have a great deal of discretion in determining whether support is awarded, as well as the amount, duration and manner of payment of the award of support. In determining whether...

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The Law of Property Division (Equitable Distribution)

Apr 17, 2012 in Property Settlement

In North Carolina, the law that governs the division of assets and debts in the context of divorce is called Equitable Distribution. There is a presumption under the law that an equal division of the net marital estate (the marital assets less the marital debts) is fair and equitable. There are, however, a number of factors that can justify an unequal division of the net marital estate in favor of one spouse over the other. A qualified attorney can advise you about whether any of these factors exist in your situation. Generally speaking, property and debt is marital if it is acquired during the marriage as a result of the effort of one or both spouses. Property or debt...

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Mistakes to Avoid in Property Division

Apr 17, 2012 in Property Settlement

Don’t wait too long to get legal advice. Consult an attorney early on – before you separate is ideal, but as soon as possible thereafter is ideal. You’ll need to understand the law before you make changes in ownership, incur debts, or purchase property. Don’t transfer property or debt without speaking with an attorney. Transfers of property and debt should be done as part of a planned division of property. Get advice before you act. Don’t sign a Property Settlement/Separation Agreement without legal advice: A Property Settlement Agreement is a final resolution of property rights. You should sign only after your attorney reviews it. Don’t get divorced...

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