Posts tagged Buncombe County Family Court
Why is Marital Standard of Living Important?

Judges evaluate marital standard of living to determine whether the alimony or child support a party is seeking is reasonable and necessary.  The expenses incurred by a dependent spouse seeking support should correlate with expenses incurred during the marriage for similar purposes. 

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Equitable Distribution, Part 2: Factors and Local Rules

The assets and debts you receive through the equitable distribution process can lay the foundation for your post-divorce lifestyle and future financial security. There are many factors a judge in North Carolina may consider when distributing a marital estate between parties.

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Equitable Distribution, Part 1: Classifying Property

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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Preparing a Financial Affidavit

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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Understanding Financial Affidavits

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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Spousal Support, Part 1: What is PSS?

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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On Joint Custody

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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Jim successfully defends orders on appeal

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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What to expect when a lawsuit has been filed In your domestic case

Buncombe County is currently one of 13 judicial districts in North Carolina that has a dedicated Family Court system within its District Court division. The primary advantages to filing a legal action in a Family Court district is that the case is assigned to one judge…

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Choosing the right lawyer for your divorce

Going through a divorce that involves claims for child custody, child support, spousal support, and/or division of marital property and debts involves making difficult decisions that can impact your life for years to come.

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