What is the Process to Adopt a Child?

The length of time it takes to adopt a child in North Carolina can vary greatly depending on how willing the parties are to the adoption as well as the type of adoption that is taking place. However, some things are consistent in every adoption. Once the biological parents have either agreed [...]

What’s the Difference Between Legal and Physical Custody?

A respected Family Law Attorney explains that while many clients ask for sole physical custody of their children, that doesn't happen often. Typically, another arrangement consisting of primary or joint physical custody is reached. Physical custody is simply whose care the children are under at the time. If you have primary physical custody [...]

What Happens if a Judge Issues Limited Driving Privileges?

Limited driving privileges are issued at the court's discretion and are only valid for one year, then your full license is restored. The court could set restrictions on the hours, routes, and locations you can drive, but that is up to the court to decide. Therefore, it's a good idea to retain [...]

North Carolina Divorce: A Brief Summary

A knowledgeable Family Law Attorney lays out the steps to a North Carolina divorce. Separation: North Carolina requires a one-year separation period before filing for an absolute divorce. This means living apart and demonstrating that you intend to end the marriage. Serving the Complaint: The other spouse (defendant) must be formally notified [...]

How is Debt Split Fairly in Divorce?

How do the courts deal with debt fairly in divorce when a couple's debts outweigh their assets. This is rarely as simple as splitting the debt 50-50. The court will consider all the debt including all credit cards, loans, and anything that has accumulated since the date of the marriage, and try [...]

How to Protect Your Bank Account During a Divorce

If you want to keep your former spouse from withdrawing all your money from your shared bank accounts during the divorce process a temporary restraining order can be sought to keep one party from draining all the funds from a specific account or accounts. All the concerned party needs to do is [...]

How to Protect Your Retirement Account During a Divorce

If your going through a divorce you might be wondering how to protect your retirement account. Your retirement is a huge asset that, during a divorce, must be shared fairly between the spouses. However, there are massive tax consequences you could be subject to if you withdraw money from this account. There [...]

What Happens to the Marital Home During a Divorce?

A Divorce Attorney details the factors the courts will consider when determining what happens to the marital home in a divorce. If both parties want to sell the home and split the proceeds, then that is what happens. However, if one party wants to keep the home, then the home will need to [...]

Alimony: The Details

A family law attorney answers some frequently asked questions about alimony or spousal support. Please note, alimony and spousal support in North Carolina are used interchangeably. And for alimony to be awarded, there needs to be a dependent spouse. Why is the dependent spouse entitled to any spousal support at all? The [...]

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