A prenuptial agreement (also known as a premarital agreement) is an agreement entered into between two parties who are planning to be married. In order to be legal and binding, a prenuptial agreement must be entered into and signed by both parties before the marriage. However, parties who are already married can take advantage of some of the benefits of a prenuptial agreement by entering into an agreement known as a “postnuptial agreement.”
There are many websites that offer online forms designed to enable spouses to prepare a separation agreement without the assistance of an attorney. However, signing a separation agreement without first reviewing and discussing it with an experienced family law attorney can leave you exposed to unintended financial and legal consequences.
One of the critical steps in the equitable distribution process is to place a value on all property classified as marital property. In North Carolina, all marital property (which includes assets and debts) must be valued as of the date of separation.
The easiest way to facilitate a marital separation is for one spouse to move out of the marital home. But, what happens if neither spouse is willing to move out? Can one spouse force the other spouse to vacate the marital home?
North Carolina law gives a judge authority to require one party to pay the other party’s attorney’s fees in family law matters that include claims for child custody, child support, post-separation support, and/or alimony.
It is not unusual for a client to hire an...
North Carolina provides child support guidelines for determining the presumptive...
There are no legal guidelines in North Carolina that specify how long you should be separated from your spouse before you begin dating. Some people may feel lonely and want to start dating soon after separation while others have difficulty accepting that their marriage is over or otherwise have no interest in getting involved in a new romantic relationship.
Some people mistakenly believe that there is a formula that judges apply to determine how long a dependent spouse is entitled to receive alimony.