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Common Law Marriage and Divorce
Common Law Marriage and Divorce

There are a handful of states that recognize the concept of common law marriage. Common law marriages are valid marriages without the performance of a ceremony or registration with the state. Generally, in order to validate a common law marriage in those states, the couple ...

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Divorce & Family Law

  • Modification of Child Custody

    A common misconception in North Carolina is that upon receiving a Permanent Child Custody Order, it will last until your child is eighteen years old. ...

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  • Collaborative Law Proceedings

    The divorce process can take an emotional toll on all parties involved. The thought of having to discuss one’s private grievances in open court can be ...

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  • Adultery is a Bar to Alimony

    In North Carolina, alimony is awarded to the dependent spouse upon a finding that one spouse is a dependent spouse, one spouse is a supporting spouse, ...

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  • Active and Passive Appreciation on Separate Property

    When North Carolina couples decide to get divorced, they are also making the decision to separate their resources. North Carolina General Statute ...

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  • Relocation and your Child

    During the course of a child’s minority, it is not uncommon for one parent to be faced with an opportunity, or need, to relocate from North Carolina. ...

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  • Is Inheritance Subject to Equitable Distribution?

    Equitable Distribution is the process by which the law in North Carolina instructs judges to distribute equitably upon divorce, all property, legally ...

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  • Alienation of Affection & Criminal Conversation

    Adultery can levy emotional tolls on families and cause significant financial problems. So, what options are available when an adulterous spouse ...

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  • Alimony in North Carolina

    The laws of North Carolina provide for two (2) types of support a spouse can seek from the other spouse: post-separation support and alimony. ...

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  • Active and Passive Appreciation on Marital Property

    In North Carolina, the law which governs the dividing of assets and debts is North Carolina General Statute § 50-20. Your property can be classified ...

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  • The FAQ's of "Legal Separation"

    As a family law attorney, I am often asked, “How do I start a “legal separation” from my husband or wife?” A common misconception in North Carolina is ...

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  • North Carolina Domestic Violence Protective Order Violation

    One of the most common domestic violence crimes is violation of a Domestic Violence Protective Order (“DVPO”), commonly referred to as a restraining ...

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  • What Is The Marital Gift Exemption And How Does It Work?

    What is the Marital Gift Exception When Going Through a Divorce (For Purposes of Equitable Distribution)? Going through a divorce can be a difficult ...

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  • 10 Things You Need to Know About Domestic Violence and the Law

    Domestic violence is a crime. It’s a crime that not only impacts the victim, but can have a lasting effect on loved ones, family members, friends and ...

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  • Top 10 Ways Assets Get Divided In Divorce That May Surprise You

    In the United States, forty to fifty percent of marriages will ultimately end in divorce. Sadly, once you have made the difficult decision to end the ...

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  • Unequal Distribution – 6 Ways Property Gets Divided Unequally In Divorce

    Over the course of a marriage, a couple, both individually and together, acquires property. In legal terms, “property” essentially means anything of ...

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  • 5 Surprising Facts About Domestic Violence In North Carolina

    Domestic violence is a concept used to refer to “the violence exerted in the field of family coexistence or assimilated, by one of the members against ...

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  • Agreeing On What Child Support Will Cover

    When North Carolina parents divorce, if their children are younger than 18, one parent might end up paying child support to the other. Usually, the ...

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  • Fathers' Rights In Child Custody Matters

    Some divorced North Carolina fathers may find themselves struggling to maintain ongoing relationships with their children. They often face issues when ...

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  • Protection Of Assets In A Marriage

    North Carolina residents who are considering getting married likely realize that a couple might want to know about each other’s finances in the event ...

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  • Alimony Is Decided By Many Factors

    In North Carolina and other states, a couple may choose to divorce for any number of reasons. For example, they may want financial independence or the ...

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  • Custody Disputes And Parental Consistency

    North Carolina residents who are considering divorce can benefit from remaining united when it comes to rules and boundaries for children. Parents who ...

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  • Important Financial Conversations For Couples

    North Carolina couples may be more likely to get a divorce if they run into conflicts over money since this is the source of one of the most common ...

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  • Retirement Plans And North Carolina Divorces

    There has been a substantial increase in the number of people over age 50 who are filing for divorce. While this brings a myriad of issues, among them ...

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  • The Usefulness Of A Solid Parenting Plan

    North Carolina parents who are facing the end of their marriage may be suffering a great deal of emotional turmoil, but one way to reduce that is by ...

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  • Saving Finances By Making Divorce Easier

    Married couples who decide to divorce are likely making the right decision for themselves, but going through the process can still be very challenging ...

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  • Social Media Can Be Bad For A Divorce

    North Carolina residents who are going through a divorce may want to limit their use of social media. The overuse of social media can have a negative ...

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  • Financial Infidelity In Marriage Is A Common Issue

    Arguing about money issues is one of the top reasons couples get divorced in North Carolina. Many spouses are hiding cash and spending habits from ...

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  • Tax Deductions For Children After A Divorce

    It is common for child support to be ordered or agreed to when a North Carolina couple with young children decides to end their marriage. Although ...

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  • Dealing With Child Custody Disputes

    One of the obstacles that divorced couples in North Carolina face is child custody issues. Even though it has already been decided during the divorce, ...

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  • Lesbian Couple Claims Birth Certificate Discrimination

    An Indiana court battle highlights the legal issues lesbian couples planning a family in North Carolina need to consider. At issue is the ...

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  • How A Business Is Handled During A Divorce

    North Carolina residents who are going through the process of a divorce and who have a variety of assets, including a business, might be interested in ...

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  • Getting Divorced Over Age 50

    North Carolina couples may not know that while overall divorce rates have been falling for years, a new study demonstrates that the rates for seniors ...

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  • How A Judge Might Divide A House In A Divorce

    People in North Carolina who are getting a divorce may need to divide their home. This can be difficult because the house carries both financial worth ...

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  • Protecting Retirement In The Midst Of A Divorce

    A setback in retirement planning can be a problem for North Carolina residents at any point in life, but as people approaches their retirement years, ...

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  • Preventing Dissipation Of Assets In A Divorce

    North Carolina residents who are going through a contentious divorce should pay close attention to the marital assets. In an effort to avoid sharing ...

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  • Millennials In North Carolina Seeking Prenups

    A nationwide survey of the American Association of Matrimonial Lawyers has shown that, in the last few years, there has been a significant increase in ...

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  • Detecting Fraud During North Carolina Divorces

    During a divorce, it is common to feel sad, angry or hurt by the other spouse. In some cases, these feelings may lead to suspicion of financial fraud. ...

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  • Co-Parenting After Divorce

    Many North Carolina parents find it difficult to successfully co-parent their children following a divorce. In many cases, one parent may harbor ...

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  • Paying For A Child's Sport Activity As A Divorced Couple

    For many single North Carolina parents, the cost of a child’s extracurricular activities can be an expense that may be difficult to cover. However, ...

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  • Social Security And Divorce In North Carolina

    If certain criteria are met, individuals who were married to their former spouses for 10 years or longer may be entitled to additional Social Security ...

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  • Same-Sex Couple Wins Birth Certificate Legal Dispute

    North Carolina has settled a legal dispute with a same-sex married couple who sought to have both of their names listed on their two sons’ birth ...

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  • Make Summer Easier With A Parenting Plan

    As many North Carolina parents know, summertime can be hectic and filled with trips and events for their kids. For divorced parents, it can be an ...

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  • Avoiding Common Divorce Mistakes With A Simple Checklist

    Individuals approaching or going through divorce in North Carolina may be able to avoid some common pitfalls by checking specific items off a list ...

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  • Buying A House Before Marriage May Not Always Be A Smart Move

    Many couples in North Carolina decide to live together without getting married. While some of these couples choose to rent a house or apartment, ...

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  • Handling Parental Conflicts After Divorce

    Some divorced parents in North Carolina may still feel strong emotions about their former spouses. According to one study, about half of divorced ...

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  • Changing Trends In Divorce Age

    Most people in North Carolina get married with the idea that they will live happily ever after with their spouse. Data demonstrates that many people ...

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  • Money Issues Can Exist After A Divorce

    Divorce can be a traumatic and stressful experience, but if it is the right thing for a North Carolina couple, it can often be a relief once the split ...

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  • Alternative Divorce Options

    When many North Carolina couples decide that it is time to end their marriage, they may assume that they will have to go through the litigation ...

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  • Child Custody Issues May Be Contributing To Decline In Migration

    People from North Carolina and across the U.S. used to move around the country a lot more than they do today. According to studies, inter-state ...

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  • Pitfalls To Avoid For Divorcing Spouses

    Divorce filings in North Carolina and around the country often surge in January. While the beginning of a new year may seem like an opportune time for ...

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  • Preparing For A Same-Sex Couple Contested Divorce

    With same-sex marriage now legal in North Carolina and around the country, it is likely inevitable that some of these couples will see their ...

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  • Taxes During A Divorce Process

    One of the questions that might arise during a separation and divorce process is whether the couple should file taxes jointly or separately. After a ...

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  • Dealing With Emotions After A Divorce

    Dealing with divorce is not something that parents and children may be able to handle alone. That is why it is important for adults to take the lead ...

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  • Many States Now Encourage Shared Parenting

    Family courts in North Carolina may be more likely to award joint custody to divorcing parents than they were in the past. Today, state governments ...

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  • Creating A Prenup That Is Fair To Both Spouses

    Many North Carolina residents consider writing a prenuptial agreement before entering into a marriage. Typically, prenups are used to protect the ...

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  • Divorce Rates High In Older Population

    North Carolina residents may have heard some reports that say divorce rates are down. While the official number of annual divorces has been dropping ...

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  • Considering Social Security Amidst Divorce Proceedings

    As a couple contemplates the possibility of divorce, finances can be one of the greatest concerns. Regardless of age, retirement benefits can be ...

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  • Preserving A Child’s College Savings In Divorce

    North Carolina parents who are going through a divorce will need to divide their marital assets, and college funds for children may be included in ...

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  • Divorcing Parents Can Choose To Be Civil

    Although negative feelings naturally surround the dissolution of most marriages, North Carolina parents calling it quits must consider how their ...

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  • Whether To Keep The Home May Be A Difficult Decision In Divorce

    When North Carolina couples divorce, sometimes people will struggle with whether they should remain in the home or choose to move out and sell it. The ...

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  • Mother Of NBA Star's Children Seeks To Double Child Support

    North Carolina residents who follow professional basketball may be familiar with Lance Stephenson. The shooting guard’s high-octane style of play led ...

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  • Pros And Cons Of Getting A Divorce

    Many North Carolina couples whose marriages are foundering are at a loss as to how to proceed. While there may be good reasons for getting a divorce, ...

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  • Property Division For People Divorcing After Long Marriages

    Some older North Carolina couples choose to divorce. People who have been married for many years may have more complex tasks involved with dividing ...

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  • Prenuptial Agreements For Business Owners

    While many divorces in North Carolina can be difficult, the challenges may be even greater for business owners who lack an adequate prenuptial ...

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  • Child Support Rights For Fathers

    It is no longer uncommon for North Carolina fathers to be awarded primary physical custody of their children. In the past, mothers often took the role ...

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  • Understanding Divorce Settlements

    For many North Carolina ex-spouses, moving forward after a divorce is necessary if the two former partners have children, a business or real estate. ...

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  • Avoiding Social Media During Divorce

    North Carolina residents who are considering a divorce might want to stop using social media and be careful with their email and text messages. It may ...

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  • Preparation Is Crucial Before Divorce Proceedings

    North Carolina couples whose marriages are foundering should be ready for the many financial challenges and tasks that come up during divorce ...

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  • Dealing With A Mortgage During Divorce Proceedings

    Many North Carolina couples who are going through a divorce are probably also faced with many financial challenges, especially if they have a ...

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  • Using A Financial Adviser And An Attorney When Divorcing

    Dissolving a marriage can be expensive and sometimes hurt one’s credit, so it is important to review finances before a divorce and not after. An ...

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  • Chris Brown In Custody And Support Battle

    North Carolina fans of singer Chris Brown might be aware that he has been in a custody battle with the mother of his daughter. The mother of ...

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  • Study Shows Men With Full-Time Jobs Less Likely To Divorce

    North Carolina couples may be interested in a study that shows men with full-time jobs outside the home are less likely to divorce. The research, ...

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  • The Importance Of A Parenting Plan During The Holidays

    Holidays can be difficult for North Carolina parents who are separated or newly divorced. If there are no provisions about holiday time in the ...

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  • January Is A Popular Month To Divorce

    People in North Carolina who are considering a divorce after the holidays are not alone. Many people decide that the beginning of the year is the ...

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  • The Establishment, Modification And Enforcement Of Child Support

    High-profile child custody and child support cases gain plenty of attention on social media and traditional outlets as well, A recurring issue centers ...

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  • Later Divorce And Retirement

    While divorce rates are down overall, some North Carolina couples may be statistically more likely to end their marriages than ever before. People ...

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  • How Judges Resolve Child Custody And Visitation Disputes

    When North Carolina parents are unable to resolve child custody or visitation disputes amicably, family law judges may be called upon to settle ...

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  • Financial Considerations For People Going Through A Divorce

    North Carolina couples who are going through a divorce have a lot of issues to work out financially. During property division negotiations, financial ...

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  • What happens to a pet in a divorce?

    Eric Meredith talks with WCNC about ‘puppy prenups’ Read about our recent WCNC interview on ‘puppy prenups’. North Carolina residents who are not ...

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  • Study Finds Wives More Likely To Ask For Divorces

    North Carolina husbands may be surprised to learn their wives are more likely to ask them for a divorce than they are to ask their wives for one. ...

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  • The Affleck-Garner Divorce

    North Carolina residents may have heard that, 10 years and one day after their wedding, Hollywood power couple Jennifer Garner and Ben Affleck ...

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  • Same-Sex Divorces Might Trigger Child Custody Issues

    North Carolina residents now enjoy the right to same-sex marriage, but marriages sometimes dissolve. With same-sex divorce likely part of the legal ...

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  • Study Examines Child Support And Non-Custodial Parents

    Researchers have collected data about a group of noncustodial fathers who are often derisively referred to as “deadbeat dads” because of their failure ...

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  • Supreme Court Rules On Same-Sex Marriage

    Same-sex couples in North Carolina and every other state in the country can now have their marriages legally recognized. On June 26, the U.S. Supreme ...

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  • The Fairness Of Child Support Laws

    A recently-published study led by two professors at Arizona State University shows that many Americans do not believe current child support policies ...

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  • How The Obergefell Decision Impacts North Carolina Residents

    In June 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex marriage licenses were to be granted in all 50 states citing the equal ...

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  • Understanding child custody exchanges

    Coming to a resolution regarding child custody issues, especially those pertaining to custody exchanges, can result in some of the most combative ...

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  • Waiting to file for a divorce after January could reduce risks

    Family law attorneys in North Carolina are aware of the divorce trends that occur immediately following the holiday season. Statistically, the average ...

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  • Remember the child in child custody matters

    When those with children divorce, each parent likely considers what will be best for their offspring when going forward. However, each parent might ...

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  • Why you might want to seek alimony in your divorce

    From technology to laws, society is always changing. Over time we make little improvements that tend to have big impacts on our lives. One such ...

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  • Lifting the ban: how will it affect child custody and adoption?

    In last week’s blog post, we explained how a decision made in the 4th Circuit Court of Appeals changed how North Carolinians defined marriage ...

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  • Is there a better option to handling missing support payments?

    Generally speaking, when a family law judge awards custody of a child to a custodial parent, the noncustodial parent is then ordered to pay child ...

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  • What did the 4th Circuit decision do for same-sex marriage in NC?

    Ever since the U.S. Supreme Court’s decision in Windsor v. United States, same-sex marriage was rekindled as a hot-button topic that has pit civil ...

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  • Need to know facts about grey divorce and retirement benefits

    As we have mentioned before on this blog, divorce among older people is on the rise. Although there is nothing wrong with divorcing later in life — in ...

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  • Can a child support order cover school expenses?

    The start of this month marked back to school time for many children across the nation. From folders to pencils to new backpacks, all of these school ...

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  • Child support matters can be complicated

    When a relationship comes to an end there are many things that need to be taken into consideration by the splitting couple. While financial matters ...

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  • Could both spouses end up paying for student loans in a divorce?

    Numerous Americans, including many here in North Carolina, take out student loans in order to pay for higher education. How these loans are dealt with ...

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  • Did billionaire spring prenup on bride days before wedding?

    Many wealthy individuals in North Carolina and the rest of the country enter prenuptial agreements before marriage in order to protect their assets ...

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  • How a simple legal loophole could cost one divorcee millions

    Most people’s understanding of divorce is that they will be subject to certain laws that will dictate everything from how the couple separates to what ...

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