What to Do When Summer Parenting Plan Disagreements Arise
We are approaching that time of year again when decisions need to be made about where and how children will spend their summer vacations. Whether or not you have an iron-clad court order that specifies who will be spending time where, when, and for how long, odds are there is still room for disagreement on…
Read MoreWho Should Testify in Divorce Proceedings?
When a couple decides to separate and/or divorce, one or both parties may wish to resolve the process as quickly as possible. However, there may be times where a hearing or trial is necessary (regarding financial issues, the division or property, or issues involving children). In these scenarios, various witnesses may be called to testify…
Read MoreWhen a Parent Makes False Allegations in a Child Custody Case
When you have kids, your hope is to have a loving, stable family unit in which they can grow. Sadly, that may not always be the case. Child custody disputes are often among the most contentious disputes there are during a divorce, and things can escalate quickly. When one or both parents feel threatened by…
Read MoreWhat Are the Tax Concerns for Business Owners Who Divorce?
When you own a business and decide to get divorced, the company does not just stop operating until things are resolved. It can be even more difficult to move forward when you and your spouse both participate in the business. There are assets and liabilities to divide, and depending upon what your future roles are…
Read MoreCan “Married at First Sight” Couples Get Annulments?
The reality TV show Married at First Sight usually prompts two questions from its viewers: Do the couples really get married? Can they get their marriages annulled? The first question (marriage) has an easy answer — yes, the couples actually do get married. The show, prior cast members, and public records have made this clear.…
Read MoreWomen Increasingly Seeking Premarital Agreements
A common assumption about premarital agreements is that they are created for well-to-do men in the event of a divorce. While individuals and couples with significant assets can benefit from premarital and postmarital agreements, the “old chestnut” that men are the ones requesting these documents can be laid to rest. As of 2017, “41 percent…
Read MoreWhat Rights Do Fathers Have Regarding Child Custody?
In North Carolina, both parents have an equal right to custody of their children. While the State used to follow the so-called “tender years” doctrine, which gave preference to the mother when the children were young, that is no longer the case. When a couple divorces, both parents are assumed to be equally capable of…
Read MoreDo’s and Don’ts of Child Custody Mediation
In North Carolina, mediation is required in child custody cases. Parents have the option of using a court-appointed mediator (at no extra cost to the parties) or a private mediator hired by the parents (where the cost is usually split equally between the parents). A child custody mediator (usually an experienced family law attorney) is…
Read MoreCan I Transfer My Child Custody Case From North Carolina To A Different State?
Is it possible to have a child custody lawsuit moved from North Carolina to another state? Yes, it is possible for a North Carolina court to “remove” or transfer a child custody action to another state. In the recent (August 4, 2020) opinion, Harter v. Eggleston, COA 19-493, the North Carolina Court of Appeals affirmed a…
Read MoreLittle Known Law Can Foul Up Your Estate Plan
Estate planning is the most often neglected aspect of a couple’s life. Many couples have no will, no health care power of attorney (saying who makes your health care decisions when you cannot), durable power of attorney (allowing someone to act on your behalf if you are unavailable, unconscious, etc.), and living will (saying whether…
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