February 21, 2017Pros and Cons of Termination of Parental Rights
If your child’s other parent has not been involved in your child’s life, of you are interested in adopting a child that has lived with you for a long period of time, you may be able to terminate a parent’s rights. In order to terminate a parent’s rights, among other possibilities, some of the most (more…)
February 14, 2017My Ex Claimed Our Child(ren) on Their Taxes!
There is nothing more discerning than when someone else claims your child(ren) as their dependents for their taxes. Many times you may not find out until your submission has been rejected. For many families today, especially single parents, this anticipated refund is used to help make ends meet. To eliminate the stress and confusion, it (more…)
February 1, 2017What to Do if Your Ex Tries to Move the Kids
The only constant in life is change. Most of us don’t end up with our high school or college sweetheart. Even fewer of us stay with the same company or in the same location all our working lives, and that equals a lot of moving. Single folks can pick up and go at the drop (more…)
January 26, 2017Winning After Death – Why You Should Get A New Will After Separation
When you separate from your spouse, you soon start thinking about the property that there is to split between the two of you, some of which you never noticed even existed. There is an overwhelming volume of things that you need to do, and last on your mind is your Last Will and Testament. It (more…)
January 24, 2017Fighting 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…)
January 12, 2017Ambiguity 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…)
January 10, 2017Refinancing 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…)
January 5, 2017How 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…)
January 3, 2017Who 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…)
December 29, 2016Debt 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…)