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.
The North Carolina Child Support Guidelines currently in effect provide recommended guidelines for determining the presumptive child support obligation for parties whose combined adjusted gross incomes is $300,000 per year ($25,000 per month) or less.
There are many enforcement tools to help the parent who was ordered to receive child support but fails to receive such support from the other parent. Both the parent who is to receive child support and the parent who is ordered to pay child support should be aware of different enforcement mechanisms available. The parent receiving support, the obligee, needs to be aware of these remedies in order to collect past due child support. The parent who is ordered to pay child support, or the obligor, needs to be aware of the enforcement tools because failure to pay the support can have devastating, long-term effects on his or her financial and personal life.
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.
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...