Fighting Back – Self Defense in North Carolina

  With so much in the news in the past few years about rioting, killings, school shootings, and bullies, it may have crossed your mind to begin arming yourself more than previously, and hopefully along with your new ammunition is the law with it. It’s a common understanding that self-defense is a justification for harm (more…)

Ambiguity of Payments Toward Debt in North Carolina Divorce

It isn’t always clear where a debt comes from, or where payments come from, and Cushman v. Cushman, 781 S.E.2d 499 (N.C. App., 2016) earlier in 2016 explains: …given that it was defendant’s burden to produce evidence on this issue, we will not remand for the taking of additional evidence. This Court has long held (more…)

Refinancing Joint Loans During Divorce in North Carolina

  The Statute suggests that marital debt should be obvious, but do not forget the words “for the joint benefit of the husband and wife”, the Court of Appeals recently made that phrase a lot harder burden than we thought, see in Comstock v. Comstock, 771 S.E.2d 602 (N.C. App., 2015) Home Equity Line of (more…)

How North Carolina Deals with Loans in Divorce

In Bodie v. Bodie, 727 S.E.2d 11 (N.C. App., 2012), the Equitable Distribution case for loans is discussed in detail. While most Equitable Distribution affidavits simply subtract the loan from the cars value, this case explains a more clearly defined step process that should be taken. N.C. Gen.Stat. § 50–20(a) provides that, in an equitable (more…)

Who takes Student Loan Debt in a North Carolina Divorce?

Student loans are always a difficult subject. In these cases, one party has sacrifice while the other goes on to obtain a professional degree—only to leave the sacrificing party once obtaining it. Warren v. Warren, 773 S.E.2d 135 (N.C. App., 2015) deals with this very point. While the following description goes on for some time, (more…)

Debt in the North Carolina Divorce – Who takes it?

The practice of law often feels like you are parachuting into a war zone with shots being fired from both sides. Family Law makes that war zone a civil war with no clear sides and lots of fog. This entire CLE is trying to set a few check-lists for you before you plunge into that (more…)

HELP: MY EX WON’T DO WHAT HE AGREED TO DO

In many South Carolina family law cases the parties reach agreement rather than have the judge rule on all issues involved in their divorce or custody case. There are two general reasons for this: (1) it saves time and money, and (2) the parties get to have a say and keep some control over what (more…)

Responsible Individual as Identified by DSS

If you or anyone in your family have been placed on the responsible individual list by the Department of Social Services, it is very important to understand exactly what that means. It can be a very serious accusation and one that may result in the loss of your child. A responsible individual is defined as (more…)

Understanding Alimony in North Carolina & South Carolina

Divorces are rarely easy. There is property to be distributed and living situations to be arranged. And then there’s the alimony, which could create lifelong obligations that can get complicated. The law has created various options for alimony and laid out a loose formula for its determination. Luckily, the states of North Carolina and South (more…)

What to do if you are served with divorce papers in South Carolina

Being served with legal papers is always stressful.  Being served with divorce papers is probably a very scary moment, especially if you weren’t expecting them. If this happens to you, don’t panic.  There are several things to do to make the process smoother and protect your rights. Contact a family law attorney as soon as (more…)