Credit card debt will be divided as a part of the overall division of the marital property and debts. Just as in the division of property, the court considers what is equitable, or fair, in your case. If your spouse has exclusively used a credit card for purposes that did not benefit the family, such…
Property classification is a key factor in equitable distribution in North Carolina. To determine whether an asset is classified as marital or separate, you must look at how the property was earned or acquired. Separate property is property acquired before the marriage or from the labor of either spouse after the parties separated. If the…
Absolutely. Witnesses are critical in every custody case. At a temporary hearing, a witness is more likely to provide testimony by affidavit, which is a written, sworn statement. At a trial for the final determination of custody, you and the other parent will each have an opportunity to have witnesses give live testimony on your…
Temporary support is money paid by one spouse to the other for the support of a spouse or a child. It is paid sometime after the divorce petition is filed and continues until a permanent child support order is entered by the court or until your case is dismissed. If you are in need of…
A mediation is an informal legal proceeding that is facilitated by a mediator, a neutral third party. The mediator’s sole goal is to help both sides of a dispute reach a mutually agreed upon settlement. The mediator will not tell you what to do, will not act as a judge, and has no authority to…
Temporary hearings are held to determine such matters as who remains in the house while your divorce is pending, temporary custody, and temporary support. The procedure for your hearing can vary depending upon the county in which your case was filed, the judge to which the case is assigned, and whether temporary custody is disputed.…
Who Gets The House In Divorce? The first issue regarding the family home is often a determination of who will retain possession of it while the divorce is pending. The decision on who gets the house in divorce is typically made by the spouses out of court. Later, it must be decided whether the house…
You must file an appeal within 30 days of the final order you wish to appeal. Because your attorney may also recommend filing certain motions following your trial, discuss your appeal rights with your lawyer as soon as you have received the judge’s ruling. A timely discussion with your attorney about your right to appeal is…
Work with your attorney and your spouse to reach a temporary agreement on who will pay the debts. Discuss the importance of making at least minimum payments on time. You will want to do this to avoid substantial finance charges and late fees. These issues may be resolved by the court. The court may issue…
The North Carolina Child Support Guidelines were created by the North Carolina Conference of Chief District Court Judges to set forth the standards by which your child support is calculated. These Guidelines are revised at least every four years to reflect cost of living increases. According to the guidelines, both parents have a duty to…