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Divorce

According to the Census Bureau, an estimated 2.5 million Americans are divorced every year. Research has shown that the stress caused by divorce is second only to the death of a spouse. Couples considering separation or divorce face the combined trauma of the break-up of their marriage, anxiety about their future and concern for their children. While many people go through separation and the divorce process, it remains a very personal and life-altering experience.

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Child Custody

Few issues in divorce have as much emotional impact as the subject of child custody. Child custody refers to a collection of responsibilities and rights that parents have regarding their children’s general welfare, authority, religion, education and health care. Spouses may settle custody and visitation issues out of court through a private agreement, which is the most often used and preferred method. Custody may also be settled out of court by a parenting agreement or consent order that is later approved by a judge.

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Alimony

North Carolina law provides for alimony, or spousal support, to be paid on a periodic basis or in a lump sum from the “supporting spouse” to the “dependent spouse”. The dependent spouse is either a husband or wife, who is substantially dependent upon the other spouse for maintenance or support. By having a better understanding of the law and your rights and obligations, you will be able to make informed decisions that address your current and future needs.

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Asset Division

The divorce process is designed to fairly value and distribute marital assets, and address other financial implications including child support and alimony. Many matters are resolved through effective negotiation and agreements between husbands and wives. However, when matters cannot be amicably resolved, litigation becomes a necessary part of divorce. Divorce has many personal and financial challenges, but with a clear understanding of the law and your options, you will be able to make informed decisions that address your needs – now and in the future.

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Child Support

Every child is entitled to financial support from its parents, and every parent has an obligation to ensure that these needs are met. It is recognized that child support is a shared monetary duty. Any parent, guardian or caretaker of a child for whom support is needed is entitled to apply for payments. North Carolina’s Child Support statutes are designed to provide adequate payments for the care of the child

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Choosing a Lawyer

The right lawyer can make a real difference both in the outcome of your divorce and how you make it through the very emotional process. You want a trusting relationship. You want a lawyer who is serious about your case and listens to your needs. You want a lawyer who moves your case forward to conclusion. Here are some tips on choosing the right lawyer. Pick a lawyer, not a law firm.

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Children's Rights

Children, whose divorcing parents are involved in a custody dispute, should have the right » Not to be asked to choose sides » Not to be told the nasty details of the legal proceedings » Not to be told "bad things" about the other parent

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Who Is Responsible For Debt?

Property that is acquired during a marriage by one or both spouses, and owned on the date of a formal separation, may be defined as marital property. If a divorce occurs, this property is subject to the equitable distribution law of North Carolina. (Excluded from the definition are gifts and inheritances, received by one spouse only, from third parties.)

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Can We Use The Same Attorney For Our Divorce

After 15 years of marriage, Brad and Lisa have decided to end their marriage. To save on attorney’s fees, the couple asked Thurgood, their longtime family friend and a lawyer, to represent them both. Thurgood bellowed, “Absolutely not!”

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Domestic Violence

Domestic violence, also known as partner abuse, spouse abuse, or battering, occurs when one person uses force to inflict emotional or physical injury upon another person they have, or had, a relationship with. It occurs between spouses and partners, parents and children, children and grandparents, and brothers and sisters. Victims can be any age, race, or gender.

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Enforcing Child Support

According to the N.C. Department of Health and Human Services, more than 300,000 North Carolina families are forced to struggle to make ends meet each year because of non-custodial parents who do not pay child support. The North Carolina Child Support Enforcement (CSE) has been given legislative authority to collect current and past due child support through enforcement remedies. These remedies can be in the form of court actions as well as administrative actions, which are actions that can be taken without formal court proceedings.

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Enforcing Child Support Interstate

The long arm of the law is now able to reach across state boundaries to enforce support orders through garnishment of wages or having the recalcitrant parent's drivers or professional licenses revoked, thanks to the Uniform Interstate Family Support Act (UIFSA).

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Fault and No Fault Divorce

North Carolina is a “no fault” divorce state, like most states in the U.S. Neither party has to prove marital fault (for example, habitual drunkenness or addiction, adultery, domestic violence, cruel and abusive behavior or economic fault). After a mandatory one-year separation and the processing of paperwork, you can get a divorce. “No-fault” grounds are the most straightforward and easiest to prove, because neither party has to prove marital fault in order to obtain the divorce.

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Parental Alienation

Parental alienation syndrome is the result of the failure of a residential parent to properly exercise his or her parental responsibility. It is a psychological disorder that arises when one parent, consciously or unconsciously, engages in conduct that serves to alienate the child from the other parent. Through the persistent teachings of the parent, or brainwashing, the child is "taught" to hate or disrespect the other parent.

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PreNuptial Agreement

A prenuptial agreement is an agreement between a couple about to be married that is used to set out the rules that will govern their property, debts, income and expenses should the marriage eventually dissolve.

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