Posts tagged 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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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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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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What you should know about child custody in North Carolina

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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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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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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