Posts tagged separation
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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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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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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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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Representing the dependent spouse

Jim Siemens and Brenda Coppede recently presented at the North Carolina Bar Association’s Family Law Section Annual Meeting in Charleston.

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Loving our children unconditionally

Here is a piece by David Brooks, a social commentator that I appreciate.  His point is that our love for our children should not be conditioned upon their achievements.  The piece resonates for me as a parent, and as a professional advising parents in the process of separation and divorce.

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