North Carolina has some wacky laws when it comes to divorce. They are not always intuitive, and sometimes they are downright unfair. One such example is a rule called the “McClean Presumption”. This rule deals with Equitable distribution in North Carolina, and the treatment of marital and separate real property (also known as land) and … Read more
I’m just trying to picture the look on my wife’s face if she found out that I went an purchased divorce insurance… it wouldn’t be good, that’s for sure. But behold, there is now such a thing – insurance that gives you a payout if your marriage fails. Ironically enough, the product was dreamed up … Read more
Every state is different when it comes to financial disclosures that must be made in your divorce case. In North Carolina, the disclosures that are required depend in large part on what type of relief is being requested. Where Child Support is at issue, one set of documents is required, where spousal support is at … Read more
I got a great question today in my Ask a Lawyer Section. The question was this – “In North Carolina is a spouse entitled to half her husband’s pension? If so, when does she get it and is it considered income when considering Alimony and Child Support?” Here is a quick synopsis of this difficult … Read more
I just started another Collaborative Divorce Case yesterday (meaning that we had the first four-way meeting with another attorney and her client). It was another shining example of why Collaborative Divorce is such a great thing for clients that are willing to work with one another to resolve their case with less stress and pain … Read more
I didn’t realize until I had moved to North Carolina and reopened my family law practice here just how many meanings there are to the word mediation. Lets start with a basic definition – a mediation is a form of non-binding dispute resolution where the parties meet with a neutral mediator to help them resolve … Read more
This is the ninth in a series of tips about what you should do to prepare for a divorce or separation. I believe strongly in the collaborative divorce process, but that doesn’t mean that you shouldn’t prepare for the worst. I was a boy scout, and our motto was “be prepared”. If you are considering … Read more
Regardless of whether you choose to conduce a Collaborative Divorce or go the route of the courts, I would encourage anyone pursuing a separation or divorce to make sure they have some credit in their name. I’ve had numerous clients come to see me over the years that don’t have access to credit cards, and … Read more