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 [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
To receive alimony, the receiving party would have to show that the supporting spouse can pay it. This would include looking at their income and expenses. So, to prove that alimony is too expensive, the supporting party would need to provide: W2s Pay stubs Records of their monthly expenses including all insurance, [...]
The first thing a judge must determine is whether a spouse is substantially dependent on the other. There are 16 factors judges typically look at, however, they are not limited to these. One of the most important factors is income, the wage gap between the partners. Outside of finances, the judge will [...]
A respected Family Law Attorney explains how the courts calculate child support, the worksheets they use, and what factors they consider. When calculating child support, the courts consider income, expenses for the child, who carries the child on insurance, and if there are extraordinary expenses like a wheelchair, therapy, or other major [...]
