Siemens Family Law group is happy to announce that Jim Siemens has been selected to Super Lawyers in 2019. Jim was first recognized by Super Lawyers in 2012 and is included again this year in North Carolina’s Family Law category.
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North Carolina uses a concept known as “equitable distribution” to divide property between divorcing spouses. There are four types of property that must be identified and classified as part of the equitable distribution process: marital property, separate property, mixed property and divisible property.
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Tax law changes went into effect on January 1 which will impact how separating spouses negotiate agreements in the new year. If you are separating from your spouse in 2019, it is important to talk with an experienced family law attorney and a tax expert about how the new law will affect you.
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When preparing a financial affidavit, the best policy is to be honest and realistic. We recommend that you review and verify all financial documents that pertain to your current income and expenses, as well as drawing parallels to the marital standard of living.
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In all legal actions that include claims for child support, post-separation support, and/or alimony, the local family court rules for Buncombe County require each party to complete and file with the court a “financial affidavit” (local Form 4).
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The Rise of the Millennial Prenup discusses the benefits of prenuptial agreements, and particularly the relevance of these agreements for millennials, who are often getting married later in life and building up more assets before marriage than previous generations.
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Many people think of a prenuptial agreement as a legal document used by celebrities and wealthy individuals to protect their income and assets in the event of divorce. This may foster common misconceptions about prenuptial agreements.
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How does a judge determine the amount and duration of an alimony award? One of the goals of alimony is to ensure that a dependent spouse has adequate resources to meet his or her needs in accordance with the standard of living established by the parties during their marriage.
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Jim Siemens has been recognized in the 2019 edition of The Best Lawyers in America. Jim is included in Best Lawyers for his work in the practice area of Family Law.
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When spouses separate, it is sometimes necessary for one spouse to provide financial support to the other spouse. North Carolina recognizes two forms of spousal support: one is post-separation support, and the other is alimony.
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I still benefit from having a look at the law each time I handle a case. How does North Carolina law guide District Court Judges to make child custody decisions? How the sentences play out in application differs across the State. In Buncombe County, joint and equal legal and physical custody is awarded frequently.
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Siemens Family Law group is pleased to announce that Jim Siemens and Brenda Coppede have been selected to Super Lawyers in 2018. Jim was first recognized by Super Lawyers in 2012 and is included again in North Carolina’s Family Law category.
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The NC Court of Appeals published its opinion this week on a case Jim argued before a special session of the Court in October. Jim was successful in defending equitable distribution, alimony and child support orders entered in Buncombe County last year.
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Jim Siemens traveled last week to the mountain town of Sparta, North Carolina to present an oral argument before the Court of Appeals. The argument was part of a special session celebrating the 50th anniversary of the NC Court of Appeals, holding a session of court in a hometown or county with a special connection for each judge.
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North Carolina courts recognize two forms of child custody: “physical custody” and “legal custody.” Physical custody refers to the right of a parent (or guardian) to have actual physical custody of the child. Legal custody refers generally to the right of a parent (or guardian) to make important decisions on behalf of a child, such as those pertaining to the child’s health, education, discipline, and religious or spiritual training.
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Siemens Family Law Group is pleased to announce that Jim has been recognized in the 2018 edition of The Best Lawyers in America. Jim is included in Best Lawyers for his work in the practice area of Family Law. Inclusion in Best Lawyers is based on a rigorous peer-review evaluation process.
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Like most states, North Carolina uses child support guidelines to help simplify the process of determining child support. North Carolina’s guidelines are based on an income shares model, which is predicated on the concept that the child should receive the same proportion of parental income that he/she would receive if the parents lived together.
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Mediation is a great tool for resolving disputes. Many of our cases resolve in mediation, where complex issues can be resolved creatively in a calm environment.
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Discovery is a legal term used to describe various processes that may be used to investigate and discover facts relevant to your case. After a lawsuit has been filed, your attorney can use discovery to obtain information and documentation to support or defend claims and investigate allegations asserted by either party.
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At tax time, we handle lots of questions from clients related to the sharing of various claims and exemptions. The article Divorced Couples, Put Aside Your Differences…for the Tax Break, from The Wall Street Journal, highlights several of the issues we encounter in our work.
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