Posts tagged divorce
Financial Shock of Divorce After 50

Research finds that splitting up after age 50 can be far more damaging to emotional and financial health than divorcing at younger ages. Distribution of assets and allocation of support in a divorce settlement can have a major impact on your long-term future.

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Money-Related Conflicts and Divorce

Money-related issues frequently cited as reasons for divorce, including mismatched financial priorities, credit card debt, impulse purchases, financial infidelity, and loss of financial control, are often factors in how final divorce settlements are negotiated or determined in court.

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Divorce and Social Security Benefits

Bray Creech, a local financial planner with Joel Adams and Associates, recently wrote an article I enjoyed in the Asheville Citizen Times about divorce and Social Security benefits, specifically the potential advantages of receiving benefits based on an ex-spouse’s earnings record.

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Our Mission: Justice Through Effective Advocacy

What does it mean to be an “effective” lawyer? I’ve had 25 years in the practice to study the question. For me, today, being effective means providing zealous legal representation, which is a lawyer’s mandate.

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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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Tax Law Changes and Divorce in 2019

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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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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Why Should I Consider a Prenuptial Agreement?

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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Spousal Support, Part 2: Determining Alimony

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 Included in 2019 Best Lawyers

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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Discovery: The fact-finding and investigative phase of your case

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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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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Should I try to settle with my spouse or go to court and let a judge decide?

Once you have made formal arrangements to retain a divorce attorney, usually indicated by signing a fee agreement and paying any required retainers, your attorney will begin work on your legal matters.

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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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