Premarital agreements are usually the best way to prepare for a divorce property division. Like most other jurisdictions, North Carolina is an equitable division state. The judge must divide marital property equitably so the divorce is not an unfair financial burden on either spouse. This standard is very subjective. Words like “equitable” mean different things … Read more
Sometimes divorce is inevitable. Depending on your relationship, detangling your finances while you still live together may be wise. If you and your spouse both agree a divorce is necessary, coming to terms with financial separations and arrangements as soon as possible will save you time and money later. It is possible to separate your … Read more
A Certified Divorce Financial Analyst will act as the financial expert on your divorce team. The CDFA is the person responsible for creating a comprehensive financial analysis and projection that you and your divorce attorney will propose in a divorce settlement offer. Your divorce financial planner should have a Certified Divorce Financial Analyst (CDFA) designation. Do not … Read more
Divorce is a split — and not just between you and your partner. The healing process for you, even if you’re the one who initiated the divorce, will take time. In order to emotionally let go after a divorce, you must make a commitment to fall in love with yourself and learn about you. Before … Read more
During a divorce, a couple’s most significant financial decision is what to do with the house or other property. In some cases, one partner may remain there, though that usually means buying the other one out. Many couples choose to sell the home instead. However, if your partner refuses to sell and wants to remain … Read more
Divorces are difficult for spouses, but they can be especially difficult for children to endure. Watching mom and dad argue can be draining, even if parents only want what’s best for their kids. Teenagers are old enough to have a better understanding of the situation but are not always in support of their parents’ decision … Read more
Many changes come with a divorce, and adjustments to your finances are part of that. Although you and your ex-spouse are no longer together, this does not mean you’re left to handle your family’s financial hurdles alone. Despite any animosity that may be present between you and your ex, it is essential to determine who … Read more
Even for the most amicable couples, separation is tough. Sometimes, both spouses decide that divorce is in their best interest; other times, one party may feel blindsided, or even dispute the idea completely. Regardless, divorce raises tensions, and these increased stress levels can cause agitation. The last thing you want to deal with during your … Read more
When a couple shares children, custody agreements can become a problematic part of the divorce process. In some cases, couples reach an arrangement on their own, but not always. In some cases, custody battles must be taken to court, where an outcome is determined as a result of many factors. The actions and behavior of both parents … Read more
From the time we were children, we’ve all had trouble with asset division. How do I split this piece of cake evenly? My friend and I both want the same toy, but who should get it? Of course, dividing up a piece of cake is nothing compared to asset division during a divorce. The process … Read more
After a long-term marriage, divorce can often seem like the end of a life you once knew. You began your marriage planning for forever, but what you thought was permanent turned out to be temporary. While this can seem like the end, it can also be viewed as a new beginning. Marriages end for many … Read more
If you and your spouse are considering divorce, legal separation is the first step in the official process. Separation can look very different depending on how amicable your situation. Occasionally, couples want to separate while living under the same roof to save money. If you and your partner are splitting peacefully, this may seem logical. However, … Read more
A divorce can prove to be a tremendous financial burden. Many find it difficult to manage the cost of mediators, separate living spaces, and other aspects of separation. If your divorce is occurring after several decades of marriage, you may have a harder time untangling your life from your spouse’s, especially when it comes to … Read more
While going through a divorce can have an impact on kids of all ages, the effect it has on your adult children can be unique. If your children are older, they likely have a greater understanding of the situation, which could make the situation both easier to comprehend yet more challenging to accept. When your … Read more
Nervous about an upcoming divorce court appearance? With so many exaggerated court scenes featured in today’s television shows and movies, how could you not be a little afraid? However, divorce court may not be what you’re expecting. Here are some common myths about divorce trials, and the truth behind them. Myth: All divorce cases are … Read more
Divorce can be an expensive undertaking. We’ve talked before about how much a divorce may cost, and that’s before you figure out your post-divorce budget. Some clients have asked if they can save time (and money) by hiring the same attorney. If you and your partner are on reasonably good terms and only need to settle the … Read more
Children are one of our biggest worries during divorce. We asked some of our therapist presenters to share with us: what are some signs people should watch for in children after divorce, signs that indicate the child might need some help adjusting? Here are their answers: Celeste L. Simmons, Ph.D. – Wynns Family Psychology Anything that … Read more
We find that a lot of our workshop participants are under the impression that they have to go through the court system to settle their divorce case. This is not true. There are other options, such as mediation, which gives you a bit more control. Mediation is a method used in alternate dispute resolution when … Read more
An IRA and other retirement money is often a concern during divorce. If you both have retirement accounts, you may feel less worried. However, women who haven’t worked outside the home in many years do not have their own retirement accounts and are understandably nervous about their financial future. During our divorce workshops each month, we receive … Read more
As you and your partner divorce, you’ll be dividing up debts and assets. Retirement assets usually cause the most confusion. In some cases, only one person is contributing to those accounts, so some assume that asset belongs to the person who contributed. If both spouses work and each have a retirement account, both parties assume the … Read more
Divorce is a wrenching split, a complete interruption in your life and a shift from a path you expected to walk until death do us part. Experiencing a wide range of emotions from anger and sadness to guilt or even relief is perfectly normal. Keying your ex-spouse’s car is not. Therapy can help you work … Read more
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
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
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
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
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.
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
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