Mary Gurganus
When a couple decides to divorce, one of them typically moves out. In North Carolina, that’s a requirement. You must live apart, separated, for one full year before you can even file for divorce. But many North Carolina residents have also heard that if you move out, you can be sued for abandoning the marriage. … Read more
The house is one of the biggest discussions in divorce. Homeownership plays a large factor in a couple’s finances and can mean a great deal to a partner who is financially dependent on another. In addition, the home may hold strong emotional meaning for one or both spouses. After all, you bought it together when … Read more
Alimony is one of the aspects of divorce that concerns a lot of our workshop attendees. Paying money to someone you no longer love feels like being kicked when you are down. And if you’re not sure how you are going to make ends meet, the idea of paying someone is definitely going to cause … Read more
Divorce requires paperwork. Unfortunately, gathering up the paperwork and information you need can be difficult, especially if you’re not the person who manages those documents and accounts. Still, if you are thinking about divorce or have already decided on divorce, there are several items your lawyer and financial advisor will need. It’s best to track … Read more
Once you and your spouse decide to get a divorce, you’ll have to figure out when and where to tell people. Of course telling the children is the biggest hurdle, but telling friends and family about your divorce is difficult and can cause additional stress. There are no rules for how to break news of divorce to … Read more
Custody of the children is often one of the most contentious points in divorce. Unless one party fully agrees to give up custody, it can be a battle and will no doubt drive up the cost of your divorce. So if you want full custody in North Carolina of the children, the first step is … Read more
Divorce is an epic split, often resulting in sadness, bitterness, anger and more. With all the rage, guilt and other terrible feelings, it’s easy for a couple to fight over just about everything, including the children. But what happens to those children as they see their parents fight about what they “deserve?” While your love … Read more
Divorce can be messy. That’s probably why our Raleigh Divorce Workshop is often asked this question: “How do I force them out of the house?” In North Carolina, you must live separately for one year before you can file for divorce. So at least one of you needs to move out. In some cases, the … Read more
In our monthly divorce workshop, we hear a lot of the same concerns, fears, and questions. Divorce is a confusing time, and many people experiencing it have similar concerns. One our most frequently asked questions is about the house. Can I keep it? What about my credit? And also, can I buy a new home? As you … Read more
As a parent, when one of our children is wronged, our first instinct is to try to make it right and fix it for them. Sometimes that means letting them work through it on their own, and sometimes that means stepping in and helping them. When a child is injured in an auto accident or … Read more
People often ask friends, family, and therapists when is the best time to date again after divorce. No matter the answer your heart tells you, there is one answer important to your legal proceedings: after the divorce is final. Dating while separated, but not yet divorced, can cause problems for your legal proceedings. In North Carolina, … Read more
Choosing an attorney is difficult and it’s hard to know what questions to ask a divorce lawyer. You want to find someone who will be your advocate, fight for you, understand what you’re dealing with. You don’t want this person to be your therapist, but he/she will be privy to a lot of your personal … Read more
Divorce is not an easy process. What if there were a better way? There is! — At least if you believe some of the advertisements out there for an online divorce, or an “easy divorce.” Once advertisers realize you are separated, you will probably start to see some of these advertisements. Some claim you can … Read more
Property is one of the main assets you’ll divide during divorce. Often, it’s a cause of big problems and arguments between partners. Here are 13 quick facts you should know: All earned income acquired during the marriage, no matter whose name it’s in, is considered to be marital property, unless there is a prenuptial agreement … Read more
A year ago, we found ourselves in need of a real estate agent, and we had the opportunity to meet an absolutely fantastic and inspiring woman we are proud to call a friend (and to whom we owe some time to catch up now that we think about it). When we first met Deb, we … Read more
When someone is considering a divorce in Raleigh, they often ask: What’s the first thing I should do? While the first steps in the divorce process can depend on your situation, here are several things to do once you’ve decided divorce is the right path. Steps To Get a Divorce Move out. In North Carolina, … Read more
An estate plan, whether for single or married person, typically consists of a Durable General Power of Attorney, a Healthcare Power of Attorney, and a Last Will and Testament. Here’s how these pieces work together and why you need all three. A Durable General Power of Attorney allows a person you designate (called your “Agent”) … Read more
Parents who have children (including adult children) with special needs face unique challenges when it comes to planning for the future. Here are four things special needs parents might consider when putting together an estate plan. Name a Guardian. If you know that your special needs child is unlikely to be able to live independently … Read more
Is it just a coincidence that the month of April is both Financial Awareness Month AND Alcohol Awareness Month? What is divine providence trying to tell us? The answer lies in the similarities between people who struggle with addiction and people who struggle with finances. As a Financial Advisor and a parent of a child … Read more
The process of administering the estate of a person who has passed away can be confusing and frustrating for the surviving family members. Hiring an attorney who is knowledgeable and experienced with estate administration can ease your frustrations and save time and money. Here’s how: Gain Knowledge. Your attorney knows what paperwork to complete and … Read more
Most people know what a Will is, but many have misconceptions about the importance of a regularly updated Will and what it can and can’t do for you. Here are three common misconceptions about estate planning. Read on and make sure you and your love ones are protected! “If I die without a Will, my … Read more
No one likes to think about death – especially their own. However, good planning and preparation during life means one must address how one’s assets are distributed when they are no longer among the living. It’s not morbid, it’s responsible. That is what having a Will is all about! A Will speaks at the time … Read more
Unraveling a lifetime, a marriage, and/or a family is a very serious and complicated matter. It comes with pain and expense. However, it does not have to come with a court hearing. In fact, there are many ways to resolve marital conflict that do not necessarily involve formal legal drafting, discovery and hearings. Those methods … Read more
Going through a divorce is tough – keep your stress levels low with these tips from one of our attorneys, Tamara Brooks. Do not sign anything you do not read. If you do not understand something you have read, find someone you trust to explain it to you. If you receive legal documents in the … Read more
Most people know what a Will is, but many have misconceptions about the importance of a regularly updated Will and what it can and can’t do for you. Here are three common misconceptions about estate planning. Read on and make sure you and your loved ones are protected! “If I die without a Will, my … Read more
You have options when it comes to your separation and divorce. Here are the five most common ways. 1. The Kitchen Table Approach Couples that communicate well can often work out a mutually convenient parenting plan for their children, make lists of their assets and debts, and determine how to divide them fairly. Sometimes, they … Read more
There is a common myth that separating from your spouse means filing some sort of magical paperwork and you are “officially” separated. The truth is, there is no official document to separate. In North Carolina, you must be physically separated (can not be living in the same residence) for a year and a day and one party … Read more
In the turbulent world we now live in, many customs and plans must change. We all have to adjust while social distancing, working from home, wearing extraordinary personal protection equipment and taking precautions for health and safety. In the world of Family Law and Child Custody, COVID-19 and changes have brought up a plethora of issues including … Read more
In the state of North Carolina, you and your spouse must be separated for at least a year and one day before you are eligible for divorce. To be considered separated, you must be physically separated with the intent to remain separate and apart. When one spouse moves out of the marital home, the requirement … Read more
For Dads, custody can be difficult to win, even though the courts do not discriminate against dads. Whether you are a father going for full custody or joint custody, you should be prepared for a difficult child custody battle, especially if the child’s mother is also filing for custody. Consider the following tips to help … Read more
A prenup is a contract that kind of resembles a separation agreement. It has a preamble of “Whereas” this and that. It talks about property like the house, bank accounts, retirement, alimony, and some child provisions. What it does? A prenup, in advance, lays out what is yours and what is your spouse’s property, income, … Read more
There is nothing easy about letting go, especially when you are downsizing, handling the estate of a loved one or dividing a household in divorce. People have a tendency to keep too much because they find comfort in the “things” and the memories that go with them. In a divorce, many of the items in … Read more
Believe it or not, summer is fast approaching. Before you know it, your kids will be out of school for the summer, and your normal custody arrangement will be changing for the summer. It’s especially important for divorced parents to plan ahead for the summer schedule. When creating your summer custody plans, it is possible … Read more
Divorce in North Carolina is governed by statutes and laws and is the legal end to a marriage and the rights that a marriage provides. It is the culmination of the required time of separation in North Carolina and the meeting of the statutory requirements for filing, serving, and granting of divorce. It can also … Read more
For third year law students, the month of May is an exciting time of the year where a law student graduates and celebrates their hard work after surviving three long years of studies. The celebration however, is usually only brief due to the approaching preparation period necessary for the July bar examination to become a … Read more
“Adoption means the creation by law of the relationship of parent and child between two individuals” – N.C. G. S § 48-1-101(2). North Carolina law succinctly defines adoption in its statutes as stated above. However, the act of adoption is so much more. Yes, it is a creation of the law with bureaucratic requirements and … Read more
Our entire practice is devoted to divorce and family law. Our Raleigh family lawyers are dedicated to advocating for you so you can have the life you want and deserve. We have had several calls during this international crisis concerning separation and divorce. If you are considering divorce or dealing with a legal problem involving … Read more
The Family Court Advisory Commission has issued new guidelines on custody and visitation recommendations during COVID-19. For more information, you can view the PDF here: CUSTODY AND VISITATION RECOMMENDATIONS DURING COVID-19.
Most of us yearn for vacation time off, and we know that means more time with our family. However, suddenly, we are thrust in this very real scenario of staying home with our family indefinitely, while still working full time, home schooling our children, and maybe under stressful financial conditions. How does your family function … Read more
A recent order from the Chief Justice of the Supreme Court of North Carolina has ordered courts closed through June 1st, in addition to a few other things. To download the full release, click here.
The Wake County Family Court has issued a memo on court-ordered custody exchanges of minor children and how the COVID-19 pandemic affects it. The memo is below, or you can download the full PDF here. In light of Chief Justice Beasley’s recent announcement, the subsequent courtroom closures, and the new “stay at home” directives, we … Read more
Your legal teams at Triangle Divorce Lawyers are working hard and able to consult with you by video conference, phone, and email. This will be our new normal during this viral outbreak, which we all hope will be over as soon as possible. If we can help in any way, please let us know. Our … Read more
Your local Better Business Bureau is turning 50 this year! To celebrate, they are partnering with Drive Shack in Raleigh for a fundraiser that benefits education. Three person teams will compete in a tournament-style “best ball” format on Drive Shack’s virtual 18 hole championship course. Prizes will be awarded to the best golfers, and there … Read more
The American Institute of Family Law Attorneys has recognized the exceptional performance of Mary Gurganus of Triangle Divorce Lawyers in Raleigh, NC, as one of the Top 10 Female Attorneys For Client Satisfaction. The American Institute of Family Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 … Read more
If you’re like we are, you’ve experienced the drama that comes along with taking the iPad away from the kids after the set amount of viewing time you’ve allowed. There’s always complaining, and it’s no fun for either side of the battle. Especially with some of the research coming out about the effects of screen … Read more
Often times, people want to simplify this question with “Yes, I can afford the mortgage.” There is so much more to look at than just the mortgage payment. There are also things to consider such as: Refinance Cost If you decide to keep the house after a divorce, you will most likely need to refinance … Read more
The American Institute of Family Law Attorneys has recognized the exceptional performance of North Carolina’s Family Law Attorney Mary Gurganus as 2019 10 Best Family Law Attorney for Client Satisfaction. The American Institute of Family Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Family Law Attorneys … Read more
Most people think of a prenuptial agreement as a legal document for younger people with a valuable family trust fund to protect or some older person thinking about going into their second or third marriage. The need for a prenuptial agreement was also understandably less common in years past because people a generation or two … Read more
We’re excited to announce that we have been honored with a Top 10 Family Law Firm award from Attorney and Practice Magazine! Attorney and Practice Magazine Top 10 awards are an achievement reserved for only those attorneys who have demonstrated the highest degree of excellence in their area of law, and is extended to less … Read more
Congrats to our own Mary Gurganus on being the Featured Family Law Attorney of the Month in Attorney At Law Magazine! In addition to this honor, the magazine wrote a great story about what it’s like to work with our firm. From the ambiance of the 116 year old Victorian home we work from to … Read more
Join our friends from Edward Jones at their event, “Five Money Questions For Women”, coming up on February 26th at 7pm. The event will be held at Party Delights, at 6150 Rogers Road in Wake Forest. To find out more or sign up, check out the link here: https://www.edwardjones.com/financial-advisor/rsvp-event.html?eventId=162635
Triangle Divorce Lawyers, a firm with locations in Raleigh and across North Carolina, has pledged to give the proceeds from their client consultations on Nov. 7 and 8 to North East Wake Backpack Buddies. This non-profit organization gives children who face food insecurity access to snacks and meals on the weekend through a take-home food … Read more
Triangle Divorce Lawyers recently received the 2018 Law Firm 500 Award in honor of being one of fastest growing small law firms in the country. Triangle Divorce Lawyers has experienced exceptional growth through expanded services, a focus on achieving compassionate resolutions, and a proven record of efficient and positive case outcomes. Triangle Divorce Lawyers was … Read more
Life did not turn out the way you had expected it. You are heart-broken, angry, and for some, maybe even a little relieved that the relationship is over. Your ‘happily ever after’ story has ended in a separation. However difficult, you know you still have to work together with your ex regarding your children. Being … Read more
One of the most valuable assets a law firm can provide to its client, other than legal advice, is a list of trusted referral partners who have proven themselves to past clients and dedicated themselves to providing the best customer service and experience for the clients that are personally referred to them. Triangle Divorce Lawyers … Read more
Flowers, hearts, pink, red, roses, candy, cards and giant teddy bears. These are just a few things associated with Valentine’s Day, but they aren’t what Valentine’s Day is all about. Valentine’s Day is more than just about those heart shaped chocolate boxes, as delicious as they are. Sadly, for those without a significant other, Valentine’s … Read more
By Steven Fultonberg CPA/CVA No one likes to imagine that someone is purposely deceiving them or hiding information from them, especially if such actions involve concealing assets in a marriage. If your spouse is becoming more secretive, erasing trails of certain shared finances and concealing marital assets, it could be a sign that that they … Read more
Bullying is not something to be taken lightly, both is children, teens and adults. According to the American Psychological Association, Bullying is a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words or more subtle actions. The bullied individual typically … Read more
The most common New Year’s Resolution in the United States (according to 2015 Nielsen Study) regards getting in shape, whether it be getting healthy, losing weight or toning up. January is the best time to jumpstart those healthy living goals, especially since January is National Family Fit Lifestyle Month. Most healthy living resolutions fail before … Read more
The New Year is a time to start fresh, with a clean slate and with a list of goals to accomplish in the upcoming months. It’s also a time when people take a hard look on their lives and make decisions of about what you want your future to look like. For those who have … Read more
November is Family Stories Month. Gather around the table and tell the stories that are rarely heard. While we’re usually focused on making a better life and future for our children, it’s important to be intentional about taking time to remember those people and times that influenced us to become who we are. As the … Read more
Co-parenting takes the effort of both parents to be effective. Check out these 7 tips on effective co-parenting. 1. Be flexible with schedules. Your child’s life revolves around family, school and extracurriculars, and benefits when involved with special events at both households. Keep an open mind about allowing the child to visit when out of … Read more
Divorce is a difficult topic to discuss, but in a society where 40%-50% of married couples in the United States, according to the American Psychological Association, end up in divorce, it is inevitable not to discuss it. Children of divorced families have their own experience compared to the those getting divorced. Often times because the … Read more
Hiding Your Web Browsing History is pretty important when you are researching sensitive topics like divorce, finding a new place to stay, or anything that might let your spouse know that you are considering action that would affect your marriage. Keeping your research hidden isn’t as easy as just using your phone! Today we’re going … Read more
Not all marriages are built to last. But how do you know when to call it quits? After all, every relationship comes with its own set of growing pains and challenges; it’s discerning the insurmountable ones that can sometimes require the eyes of a pro. Lucky for us, Mary Gurganus, managing partner at Triangle Divorce … Read more
When North Carolina parents have ended their marriage, they will likely still share custody of their children. At some point, they must physically exchange custody. The actual exchange of the children can be dangerous, especially if one or both parents are not able to resolve their differences. Usually, the parenting agreement outlines the exact place … Read more
North Carolina couples who are getting a divorce must be careful about ensuring their financial security. This can be a particular problem if one spouse is more knowledgeable about finances than the other or has a significantly higher income than the other. For example, while an individual might initially think that a 50/50 split of … Read more
Many older individuals are getting divorced. Studies show that between 1990 and 2014, the rate of newly divorced people age 50 or older has doubled. Gray divorces, as they are called, can be significantly different from divorces of people who are younger. Along with the fact that older individuals tend to worry less about issues … Read more
North Carolina parents who get a divorce may initially focus on living near one another so that their children’s lives are less disrupted, but that might change if one parent begins a relationship with someone who does not live nearby. That parent might eventually decide to move to live closer or with their new partner. … Read more
In North Carolina and throughout the U.S., grandparents play an important part in the lives of their grandchildren. While relationships vary from family to family, in many cases, grandparents provide emotional assistance, child rearing help and even provide financial support. Due to the complexities of modern family life, there are situations in which an existing … Read more
When North Carolina parents are going through a divorce, disagreements over custody and visitation are not uncommon. However, knowing what to expect might help both parents make the transition more smoothly. In some cases, courts will order fixed visitation for the noncustodial parent. This might be weekends, weekday evenings or merely holidays. This might be … Read more
We are pleased to announce that our law firm has been named a 2016 Law Firm 500 Honoree. Earlier this year we were nominated for our growth, operational excellence and commitment to client service. It is an honor to be included as one of the top one-hundred fastest growing law firms in America. At this … Read more
North Carolina fans of actors Angelina Jolie and Brad Pitt may be following their divorce and dispute over child custody. On Sept. 14, there was allegedly an altercation on a private jet involving Pitt. Less than a week later, Jolie filed for divorce. Pitt has denied that such an incident took place. In the meantime, … Read more
North Carolina residents who are following the divorce of Angelina Jolie and Brad Pitt have likely heard that Jolie is asking for full physical custody of their children. Pitt may end up paying child support if she does get sole custody, but if he fights for joint custody and the children live with each of … Read more
North Carolina parents who are getting a divorce and who are also dealing with domestic violence might want to consider some myths that surround abuse and child custody. For example, a separation does not always result in a child being safe from domestic violence. One expert says she has often seen a parent try to … Read more
The National Center for Family & Marriage Research reports that twice as many adults over the age of 50 got divorced in 2014 compared to 1990, and the divorce rate for adults over 65 tripled. A survey also found that pensions and retirement accounts are among the most contested for this generation of divorcing spouses. … Read more
It is not unusual for divorced parents in North Carolina to have divergent ideas about the best way to raise their children. In this modern era of constant electronic stimulation, that can mean the two parents have different conceptions of how much internet time is appropriate and how many video games a child should be … Read more
A North Carolina divorce is seldom straightforward whether both parties want a simple resolution or not, as there are often several options for how to proceed. The problem is that each person might favor different ideas. In a hypothetical situation, a woman wants a divorce after a number of years of marriage. She has a … Read more
If North Carolina parents who are going through a divorce cannot reach an agreement about child custody outside of court, a family court judge must rule on the matter. When a judge makes a ruling about primary physical custody, the judge typically favors the parent that is the child’s primary caretaker. To determine who has … Read more
North Carolina residents who are at or near the age of retirement may be aware of the way in which their marital status affects their possible Social Security payments. There are circumstances under which the benefits derived from the other spouse’s Social Security earnings history are greater than they would be for the spouse directly. … Read more
North Carolina fans of actor Johnny Depp may have followed news of his divorce from Amber Heard. Depp is also selling off some of the paintings from his art collection, but insiders say it is probably not related to the divorce. Depp and Heard married in California, a community property state, and the marriage only … Read more
North Carolina residents might be interested in learning that Amber Heard, the actress who is separating from Johnny Depp, could stand to gain as much as $10 million from her divorce settlement. If the couple does not have a prenuptial agreement, she will be entitled to receive a big chunk of the money he made … Read more
Divorcing parents often hope to avoid protracted and bitter legal disputes and get through the process amicably and quickly, but these hopes are sometimes dashed when it comes time to discuss child custody and visitation. These disputes can also place the children involved in a very difficult position, and even North Carolina parents that have … Read more
North Carolina couples who are ending their marriages need to be ready for some changes. Divorces can have a significant impact on a person’s finances for years after the settlement is reached. Apart from the financial strain that a divorce can induce, negotiations over matters such as custody and visitation can be very stressful. People … Read more
When a couple in North Carolina divorces, one of the parties may be ordered to pay the other alimony. There are usually situations that signal an end to alimony payments like when the recipient remarries, but payments can continue for a long time in some cases. The actor David Hasselhoff has paid alimony to his … Read more
Written By: David Amiss, CPA, CVA Carr, Riggs & Ingram, CPAs and Advisors New Year’s Resolutions and Spring Cleaning are initiatives that focus on motivating individuals to address a perceived need. Accordingly, the aim of this article is twofold. First, to convince you of the perceived need of giving your taxes adequate attention on the … Read more
When a North Carolina judge deals with a contentious divorce situation involving issues such as one parent claiming that the other has abused their child, there can be challenges in assessing the validity of such a claim. In some cases, allegations of child abuse may be justified and accurate. In others, however, a parent may … Read more
The institution of marriage has changed drastically in the last 50 years. Back in the day, a young woman would marry the similarly aged young man that lives down the street. Their respective parents would approve of the marriage, finding the perspective wife to be a decent care giver and the perspective husband a hard … Read more
Written by Daniel Johnson of Willis Johnson & Nelson When the tension of a relationship ending leads someone to react with violence or in a threatening manner, it is not uncommon for the criminal justice system to step in and place significant restrictions on an individual’s liberty through what are commonly referred to as “restraining … Read more
Couples who manage to accumulate wealth and experience a certain lifestyle during their marriage could be in for a surprise in the event of a divorce. A high asset divorce in North Carolina can have a dramatic effect on the lives and finances of the parties. Retirement plans might have to be changed in light … Read more
When North Carolina parents who have young children go through a divorce, they may think a parenting plan is just another piece of paperwork to complete. However, these plans can have value when parents take the time to consider what will happen with their children once a marriage ends. Ideally, a parenting plan serves as … Read more
North Carolina residents who are facing the end of their marriages should consider speaking to a financial adviser. This is a step many people put off until after the divorce, but at that point, they may have already made bad decisions that affect their future. When people have been less involved with the family finances, … Read more
Typically when spouses decide to go their separate ways, there can be great difficulty in stretching income that would pay for expenses of one household to now pay for two. In North Carolina, the claim of alimony or spousal support is recognized and often brought by one party who is dependent upon the other spouse … Read more
Residents of North Carolina who have gone through a divorce may soon need to adjust their approaches to filing their taxes. Perhaps the most important recent change is that a divorced party will now file as “single,” which means that records must be kept separately for use in the process of preparing a tax return. … Read more
Children of divorced parents in North Carolina often have a hard time understanding their parents’ decision to separate. Many children develop unhealthy thought patterns after the divorce when they start blaming themselves or taking sides with one parent. Parents can help their children through this difficult time by refraining from negative talk about the other … Read more
Valentine’s Day comes a week after this year’s Super Bowl, and rightly so, as it is the Super Bowl of feelings. Whether you admit it or not, everyone has “feelings” on Valentine’s Day. You may be the person with the highest of expectations, demanding roses and chocolates followed by a romantic dinner at a restaurant … Read more
North Carolina fans of “The View” may be familiar with the child support issues facing 48-year-old Sherri Shepherd, a former host of the television program. She went to court to challenge her responsibility for her child born through surrogacy, and the Pennsylvania Superior Court deemed her contract and child support obligations to be valid. The … Read more
January is the time for New Year’s Resolutions, and if you are like me, weight loss is at the top of your list. By all means, proceed with the usual weight loss goals, but this year also make plans to drop a different type of weight… the emotional dead weight that may be holding you … Read more
The holiday season in North Carolina can bring with it difficult decisions about how to juggle two separate households for the child or children of divorce. Even the wisest and most even tempered parents have a tough time figuring out the custody arrangements around significant events such as Christmas. Divorce is often said to be … Read more
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