Family Law
We’ve all gone through Kindergarten, right? From a young age, we have been taught to respect others and play nice. Oftentimes, we hear stories of adults, well, acting like children. These stories come far too often, especially when talking about the dreaded ‘d’ word, divorce! When it comes to two adults fighting it out tooth…
Read MoreThe spirit of Collaborative Law is more of a “troubleshoot and problem solve” approach, rather than the “fight and win” setting of a courtroom. Both parties use mediation and negotiations to settle their divorce in a collaborative divorce process, which can be less stressful on a family unit. It takes two willing participants for a…
Read MoreThe knee jerk reaction when one is facing divorce has been for each spouse to go out and hire the toughest “bull-dog”attorneys they can find. This would be followed by drag-out court battles where there is only going to be one “winner,” and both sides will run up hefty legal bills. While this model might…
Read MoreThere are many reasons why people interested in adoption use an attorney. It’s important for the adoptive parents and the placing parent to have separate legal representation to make certain that their respective rights are protected and to assure a safe, permanent, final adoption. Whether you choose a private adoption, an agency adoption, an intrastate…
Read MoreChoosing a good family law attorney may seem to be an impossible task (may seem to be difficult), but if you follow some basic advice, you will be able to find/choose/locate/obtain counsel that can best help you efficiently and effectively achieve your goals. Knowledge of the Law Any good attorney must start with a solid…
Read MoreNorth Carolina courts are to make an equal division of the marital estate unless they determine that an equal division is not equitable. In making this determination, the court shall consider the following factors, all of which are set forth at North Carolina General Statute § 50-20(c): (1) The income, property, and liabilities of each…
Read MorePost-separation property transfers between spouses are considered “incident to divorce” and are generally not subject to taxes by the Internal Revenue Service. However, if the transfers take place a year or more after the separation, there is a presumption that the transfer was not incident to the separation and consequently the transfer becomes taxable. This…
Read MoreProperty that is subject to equitable distribution includes real property, vehicles, household furniture and furnishings, bank accounts, investment accounts, annuities, retirement accounts, business interests, cash, the cash value of life insurance policies, art, collectibles, jewelry, electronics and anything other asset or item of property acquired during the marriage. Regardless of how an asset is titled…
Read MoreGenerally speaking, the marital fault or misconduct (adultery, cruelty or inhumane treatment, habitual drunkenness, drug addiction, nonsupport, etc.) of a party is not relevant in the equitable distribution proceeding. However, if the misconduct has an economic impact on the parties’ financial condition, then the court may consider this and determine that an unequal distribution is…
Read MoreAs discussed briefly above, there are two main categories of property in the equitable distribution context, marital property and separate property. Marital property is broadly defined under statute and includes “all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation…
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