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Articles |
According to the Census Bureau, an estimated 2.5
million Americans are divorced every year. Research
has shown that the stress caused by divorce is
second only to the death of a spouse. Couples
considering separation or divorce face the combined
trauma of the break-up of their marriage, anxiety
about their future and concern for their children.
While many people go through separation and the
divorce process, it remains a very personal and
life-altering experience.
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Few issues in divorce have as much emotional impact
as the subject of child custody. Child custody
refers to a collection of responsibilities and
rights that parents have regarding their children’s
general welfare, authority, religion, education and
health care. Spouses may settle custody and
visitation issues out of court through a private
agreement, which is the most often used and
preferred method. Custody may also be settled out of
court by a parenting agreement or consent order that
is later approved by a judge.
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North Carolina law provides for alimony, or
spousal support, to be paid on a periodic basis or
in a lump sum from the “supporting spouse” to the
“dependent spouse”. The dependent spouse is either a
husband or wife, who is substantially dependent upon
the other spouse for maintenance or support. By
having a better understanding of the law and your
rights and obligations, you will be able to make
informed decisions that address your current and
future needs.
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The divorce process is designed to fairly value
and distribute marital assets, and address other
financial implications including child support and
alimony. Many matters are resolved through effective
negotiation and agreements between husbands and
wives. However, when matters cannot be amicably
resolved, litigation becomes a necessary part of
divorce. Divorce has many personal and financial
challenges, but with a clear understanding of the
law and your options, you will be able to make
informed decisions that address your needs – now and
in the future.
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Every child is entitled to financial support from
its parents, and every parent has an obligation to
ensure that these needs are met. It is recognized
that child support is a shared monetary duty. Any
parent, guardian or caretaker of a child for whom
support is needed is entitled to apply for payments.
North Carolina’s Child Support statutes are designed
to provide adequate payments for the care of the
child
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The right lawyer
can make a real difference both in the outcome of your
divorce and how you make it through the very
emotional process. You want a trusting relationship.
You want a lawyer who is serious about your case and
listens to your needs. You want a lawyer who moves
your case forward to conclusion. Here are some tips
on choosing the right lawyer. Pick a lawyer, not
a law firm.
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Children, whose divorcing parents are involved in a
custody dispute, should have the right » Not
to be asked to choose sides » Not to
be told the nasty details of the legal proceedings »
Not to be told "bad things" about the other
parent
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Article
Property that is acquired during a marriage by
one or both spouses, and owned on the date of a
formal separation, may be defined as marital
property. If a divorce occurs, this property is
subject to the equitable distribution law of North
Carolina. (Excluded from the definition are gifts
and inheritances, received by one spouse only, from
third parties.)
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Article
After 15 years of marriage, Brad and Lisa have
decided to end their marriage. To save on attorney’s
fees, the couple asked Thurgood, their longtime
family friend and a lawyer, to represent them both.
Thurgood bellowed, “Absolutely not!”
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Domestic violence, also known as partner abuse,
spouse abuse, or battering, occurs when one person
uses force to inflict emotional or physical injury
upon another person they have, or had, a
relationship with. It occurs between spouses and
partners, parents and children, children and
grandparents, and brothers and sisters. Victims can
be any age, race, or gender.
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Article
According to the N.C. Department of Health and Human
Services, more than 300,000 North Carolina families
are forced to struggle to make ends meet each year
because of non-custodial parents who do not pay
child support. The North Carolina Child Support
Enforcement (CSE) has been given legislative
authority to collect current and past due child
support through enforcement remedies. These remedies
can be in the form of court actions as well as
administrative actions, which are actions that can
be taken without formal court proceedings.
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Article
The long arm of the law is now able to reach
across state boundaries to enforce support orders
through garnishment of wages or having the
recalcitrant parent's drivers or professional
licenses revoked, thanks to the Uniform Interstate
Family Support Act (UIFSA).
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North Carolina is a “no fault” divorce state,
like most states in the U.S. Neither party has to
prove marital fault (for example, habitual
drunkenness or addiction, adultery, domestic
violence, cruel and abusive behavior or economic
fault). After a mandatory one-year separation and
the processing of paperwork, you can get a divorce.
“No-fault” grounds are the most straightforward and
easiest to prove, because neither party has to prove
marital fault in order to obtain the divorce.
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Article
Parental alienation syndrome is the result of the
failure of a residential parent to properly exercise
his or her parental responsibility. It is a
psychological disorder that arises when one parent,
consciously or unconsciously, engages in conduct
that serves to alienate the child from the other
parent. Through the persistent teachings of the
parent, or brainwashing, the child is "taught" to
hate or disrespect the other parent.
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Article
A prenuptial agreement is an agreement between a
couple about to be married that is used to set out
the rules that will govern their property, debts,
income and expenses should the marriage eventually
dissolve.
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Article
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