No. Even the most amicable of divorcing couples usually have differing interests. For this reason, it is never recommended that an attorney represent both parties to a divorce. An attorney in North Carolina is ethically prohibited from representing two people with conflicting interests who are in dispute. Sometimes couples have reached agreements without understanding all…
If your attorney advises you that you may be a candidate for alimony, be sure to provide complete facts about your situation, including: A history of the interruptions in your education or career for the benefit of your spouse, including transfers or moves due to your spouse’s employment; A history of the interruptions in your…
The following suggestions will help you to give a successful deposition: Prepare for your deposition by reviewing and providing necessary documents and talking with your lawyer. Get a good night’s sleep the night before. Eat a meal with protein to sustain your energy, as the length of depositions can vary. Arrive early for your deposition…
Historically, time spent with the noncustodial parent was referred to as “visitation.” Today, the term parenting time is used to refer to the time a child spends with either parent. This change in language reflects the intention that children spend time with both parents and have two homes, as opposed to their living with one…
The Courts in North Carolina may order payment of private school tuition in some cases. The North Carolina Child Support Guidelines adjust for private school if considered an extraordinary expense. Also, you can ask that the court deviate from the guidelines to require a parent who has been paying for private tuition to continue to do so. …
Yes. The court will consider the marital debts when dividing the property during Equitable Distribution. For example, if awarded a car valued at $12,000.00, but you owe a $10,000.00 debt on the same vehicle, the court will take that debt into consideration in the overall division of the assets. Similarly, if one spouse agrees to…
Your spouse may begin paying you child support voluntarily at any time. A temporary order for support will give you the right to collect the support if your spouse stops paying. Talk to your lawyer about court hearings for temporary support in your county. You may have to wait for several weeks to several months…
Restraining orders are court orders directing a person not to engage in certain behavior. A protective order is usually a short way of saying a Domestic Violence Protective Order (“DVPO”), a specific type of restraining order that is intended to protect victims of domestic violence. In addition to targeting domestic violence through a DVPO, restraining…
The Tax Cut and Jobs Act introduced into the United States House of Representatives on November 2, 2017 could have a huge impact on couples in process of, or considering, divorce. The Act contains a provision which would eliminate the Alimony Deduction. You’re likely asking yourself “How might this affect me at tax time?” Let’s…
Selling your home is a big decision. To help you decide what is right for you, ask yourself these questions: How will selling the home impact my children? How much support do I anticipate receiving? Can I afford to stay in the house after the divorce? After the divorce, will I be willing to give…