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Archive for the Divorce Category

What Can I Expect in My Initial Consultation?

What Can I Expect in My Initial Consultation? Plan to meet with the Attorney alone. If you want to bring someone for moral support that’s fine, but it is best if you leave them out of the meeting.  When you bring someone into your attorney meeting, you […]

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Five Myths About Divorce

Five Myths About Divorce When you go through or are preparing for a divorce everyone seems to have an opinion or insight into what you can and cannot do. Among the opinions will be a few myths. These myths are so common that we often spend consultation […]

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Do I Have to Have a Lawyer For My Separation Agreement?

Do I Have to Have a Lawyer For My Separation Agreement? Technically, no you don’t need a lawyer to create a separation agreement. However, I think most attorneys would very highly recommend you do seek the advice of legal counsel before signing any type of separation agreement. […]

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What is a Qualified Domestic Relations Order (QDRO)?

What is a Qualified Domestic Relations Order (QDRO)? A qualified domestic relations order (QDRO) is a document that tells a retirement administrator that another person (an ex-spouse) has a right to some or all of the retirement benefits for a person’s retirement account. Each QDRO is required […]

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What is Marital Property, What is Separate Property? Common Misconceptions

What is Marital Property? What is Separate Property? Common Misconceptions There seems to be a lot of confusion over what is classified as marital property and what is classified as separate property in North Carolina. This confusion is understandable because it can be complicated, and many factors […]

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Can My Child’s Other Parent Visit My Kid at School When I Have Custody?

Can My Child’s Parent Visit My Kid at School When They Don’t Have Custody? This is something that happens quite frequently and the school system or your child’s teacher often gets stuck in the middle.  Unfortunately, there isn’t a general answer that applies to all situations.  The […]

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What is Alienation of Affection?

What is Alienation of Affection?   Chances are if you are living in North Carolina and you are planning to get a divorce, in particular if your spouse has cheated on you, you have heard of or come across something called alienation of affection. So what is […]

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What is an Uncontested Divorce in North Carolina?

What is an Uncontested Divorce in North Carolina? In North Carolina, in order to become legally divorced you must have been separated for at least a year. Then, you have to file a complaint for absolute divorce with the court and serve it on your spouse. Often […]

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What is a Domestic Violence Protection Order (Restraining Order) and Who Can Get One?

What is a Domestic Violence Protection Order (Restraining Order) and Who Can Get One?

What is a Domestic Violence Protection Order (Restraining Order) and Who Can Get One?  A domestic violence protection order is the legal name of what many think of as a restraining order. In North Carolina there are two types of “restraining orders” and depending on your situation, […]

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How Do I Become Legally Separated in North Carolina?

How Do I Become Legally Separated in North Carolina? A lot of people contact my office asking to file papers to become legally separated. There is a big difference between being legally separated and having a separation agreement, which is sometimes filed with the register of deeds, […]

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