There are five discrete legal issues that are commonly associated with divorce: (1) child custody, (2) child support, (3) post separation support, (4) alimony, and (5) equitable distribution of marital and divisible property and debts. Although the actual divorce must be granted by the court, you and your spouse can settle other issues related to your divorce outside of court.
When parties separate and one party owes debt on student loans, it is not unusual for the parties to disagree as to whether the student loan debt is the sole and separate debt of the party who incurred it, or marital debt that is subject to division between the parties as part of the equitable distribution process. Whether student loan debt is classified as marital debt or separate debt will depend on whether the party who incurred the debt can carry his/her burden of proving that the debt was incurred for the joint benefit of the parties.
Every seasoned district court judge and child custody lawyer has seen cases where a parent, during a custody case, attempts to alienate his son’s or her daughter’s love and affection for the other parent in order to win the custody case. A parent’s attempt to brainwash, manipulate, or control a child to diminish or destroy the child’s love and affection for the other parent is generally known as referred to as parental alienation.
It is fairly common for parents to establish and fund financial accounts in the name of their minor child. Often this is done in anticipation of the child’s college education expenses, to create savings for the child, or for estate planning purposes.
A deposition is a legal process in which an attorney can obtain sworn testimony from a person without being in a courtroom before a judge. The deposition usually takes place in the office of the attorney taking the deposition or some other mutually agreeable place.
The date of separation is the date that the parties begin living separate and apart with the intention on the part of one (or both) of the parties not to resume the marital relationship. Living in separate parts of the same house, or sleeping in separate bedrooms, does not count as being separated.
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.”
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 attorney to represent them in their divorce and related legal matters and then have concerns about whether they should change...