Menu
Menu

Posts by Admin

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...

Read More

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...

Read More

Factors of Marital Misconduct

Mar 4, 2012 in Spousal Support

In determining whether or not an award for alimony will be made, the Court may consider “marital misconduct” of the parties. According to North Carolina General Statute 50-16-1A, “marital misconduct” means any of the following acts that occur during the marriage and prior to or on the date of separation: Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14‑27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse; Involuntary separation of the spouses in consequence of a criminal...

Read More

Child Custody Mediation in North Carolina

Mar 2, 2012 in Child Custody

Custody mediation is provided free of charge by the Court and allows the parties to work with a trained, neutral third party to develop a written parenting agreement. Prior to mediation, the parties are required to attend a one-hour orientation session where they learn what to expect from the mediation process and set goals for mediation. The orientation can greatly diminish  apprehension and fear that parties might have regarding mediation. At the orientation session, the parties will schedule the actual mediation which usually takes place within a couple of weeks of the orientation. In the event that the parties are unable to come to a mediated agreement,...

Read More

The Best Interest of the Children

Mar 2, 2012 in Child Custody

Under North Carolina law, the Courts will determine custody arrangements according to what is “best interest of the child.” What this means is that the Judge has a lot of flexibility in determining, based on the evidence, what he or she believes is best for the child. Each party will have the opportunity to present evidence and witnesses regarding their claim for custody. Depending on the parties and the issues involved, custody matters can be complex and expensive. At times the Court will assign a Guardian ad Litem, who is a neutral third party, to investigate what he or she believes is the custody schedule that best serves the interest of the child....

Read More