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Individuals can prepare for an initial consultation with a divorce attorney in several ways to ensure the meeting is efficient and constructive.

Preparing For Your Initial Consultation With A Divorce Attorney

When hiring an attorney to assist with divorce proceedings, a person typically has an initial meeting with the lawyer, which helps clients understand their legal rights and options, decide whether they wish to work with the attorney, and develop a…

Spouse examines digital assets in divorce while securing digital assets.

Securing Digital Assets In Divorce

According to the Pew Research Center, about 17% of all American adults have invested in cryptocurrencies. A cryptocurrency is just one example of a digital asset, which the International Capital Market Association defines as a “digital instrument” that uses ledger…

Pile of credit cards during post-divorce planning.

Managing Credit Post Divorce

According to the U.S. Department of Health and Human Services, young couples who bring debt into marriages face some of the most challenging relationship issues. However, credit issues can also cause serious problems after divorce – and some spouses may…

A family home in divorce.

Determining Who Retains The Family Home In Divorce

According to the U.S. Census Bureau, most families keep the majority of their wealth in home equity. Homeownership is a central part of the so-called “American dream,” and purchasing a family home is an important chapter in numerous marriages. If…

Spouse reviews cell phone evidence during divorce proceedings.

Using Cell Phone Evidence in Divorce Proceedings

According to the Institute for Family Studies, “phone distraction” represents a common cause of divorce in the United States. Couples who struggle with cell phone issues are more likely to become dissatisfied with their marriages, and they are four times…

Tennessee-alimony

Understanding Alimony Modifications in Tennessee

Divorce Family Law Separation & Divorce

After a divorce, people go through several changing circumstances, that can add to an already stressful time. However, one thing Tennessee does not want financially dependent spouses to worry about is how they are going to make ends meet. When…

emergency-custody

Safeguarding Children in Crisis: Navigating Emergency Custody

Child Custody Family Law

When a child’s safety is at risk, North Carolina prioritizes swift and decisive action through its emergency custody provisions. In this blog post, we delve into the specifics of emergency custody within the state, exploring its purpose and the critical…

Co-Parenting-and-the-Ability-to-Move-Out-of-State

Co-Parenting and the Ability to Move Out-of-State

Child Custody Family Law

The American legal system is built on principles like equality and freedom. Freedom to work, freedom of religion, freedom of expression, and crucially for this topic, freedom to parent and raise one’s child as one feels fit. The freedoms of…

Should-I-Seek-Equitable-Distribution-Before-or-After-My-Divorce

Equitable Distribution: Before vs After Divorce?

Equitable Distribution Family Law Separation & Divorce

Equitable distribution is a legal principle used in many jurisdictions to divide property and assets between spouses during a divorce or separation. It is a method of ensuring a fair and just division of marital property, taking into account various factors and…

King Law | What To Do If Someone Isn’t Following a Custody Order

What To Do If Someone Isn’t Following a Custody Order

Navigating the complexities of custody agreements can be one of the most challenging aspects of a separation or divorce, especially when one party is not adhering to the established custody order. This situation can lead to frustration, confusion, and, most…

King Law | South Carolina Custody Laws for Unmarried Parents

South Carolina Custody Laws for Unmarried Parents

When married parents separate and divorce, both have equal rights to obtain custody of their children until a judge decides on issues of visitation, custody, and support. However, different laws apply to unwed parents. If the parents have never been…

Reporting-to-DSS

Protecting Children: Child Abuse & Reporting to DSS

Department of Social Services Family Law

The Department of Social Services (DSS) is a South Carolina cabinet agency. DSS’s mission is “to serve South Carolina by promoting the safety, permanency, and well-being of children and vulnerable adults, helping individuals achieve stability and strengthening families.” DSS protects…

King Law | Which Parent is Responsible for a Child's Medical Expenses After a Divorce?

Which Parent is Responsible for a Child’s Medical Expenses After a Divorce?

Going through a divorce and discussing details like child custody and expenses might be a stressful and time-consuming experience. In the process of figuring out vital aspects of a divorce, like a child’s custody, there are various financial situations you…

King Law | What is Parental Kidnapping?

What is Parental Kidnapping?

Parental kidnapping occurs when one parent takes their child without the consent of the other parent, violating legal custody agreements or disrupting the other parent’s custodial rights. This act is illegal and can have severe legal consequences for the offending…

Post-Adoption-Name-Changes-Why-and-How-To

Post Adoption Name Changes: Why and How To

Child Custody Family Law

The completion of a legal adoption is oftentimes a cause for celebration and the marker of a new family dynamic. Adoption can come in many forms and ages. There are stepparent adoptions, kindred adoptions (where family members of the biological parent adopt a related…

Alienation-of-Affections-Law-What

Alienation of Affections Law…What?

Divorce Family Law Separation & Divorce

North Carolina has some very interesting and intriguing laws that are unique to the state. One of those laws is the Alienation of Affections law. This law is based on an era of romantic ideals and moral values. This topic dives into the complex realm of…

Emancipation-from-Parents

How Do I Emancipate Myself from My Parents?

The North Carolina General Assembly governs the process of emancipation. To get emancipated as a minor child in North Carolina, you’ll need to follow these general steps: Meet the Threshold Eligibility Requirements In North Carolina, you must be at least…

Post-Separation-Support

Post-Separation Support: What You Need to Know

Family Law Separation & Divorce

When you and your marital partner decide that your marriage is no longer working and it is time to separate, you may be experiencing a whirlwind of emotions. You may feel angry, sad, lost, and even stages of grief for…

Child-Relocation-and-Custody-Orders

Navigating Child Relocation and Custody Orders

Child Custody Family Law

Are you trying to move states while under a child custody order? Life changes, and families aren’t always going to stay in the same place as they were when they initially went to court. It can be overwhelming to determine…

King Law | Child Abandonment in South Carolina

Child Abandonment in South Carolina

Parents have rights and responsibilities regarding their children in South Carolina. They must provide financial or child support, but they also have the right to seek visitation or custody. However, if a parent abandons their child, they have failed to…

Mother Hugging Little Boy Outdoors

How To Co-Parent With A No Contact Order

Separation and divorce can be extremely difficult for all parties involved. The emotions, changes to your physical environment, and especially the expenses can be hard to cope with. And while many cases of divorce are simple and free of high…

Custody-Termination-Incarcerated-Parents

Behind Bars: Navigating Parental Rights and Custody in NC

Child Custody Family Law

Parents have the legal right to custody of their children. However, this right is not absolute and may be disrupted by a parent acting inconsistent with their parental rights or the exercise of the right would not be in the…

Non-Disparagement-Clauses

Promoting Respectful Co-Parenting with Non-Disparagement Clauses

Child Custody Family Law

What is a Non-Disparagement Clause? A non-disparagement clause in a custody agreement is a provision that prohibits both parents from making negative or derogatory statements about each other about their parenting abilities, character, or behavior. It is designed to promote…

Putative-Father-In-Utero-Paternity-Test

Can a Putative Father Petition for In-Utero Paternity Test in NC?

Child Custody Family Law

In situations where a soon-to-be mother is married at some point between the conception of the child and the birth of the child, the mother’s husband has paternal rights to the child. However, when another man (the putative father) has…

Custody-of-Dog

Has Someone Sued or Threatened to Sue You for Custody of Your Dog?

Divorce Equitable Distribution Family Law Separation & Divorce

Do you love your dog? Of course, you do! Who wouldn’t right? You probably went to a local animal shelter or pet store and at first glance saw your fluffy friend for life. You thought from that point forward that…

Trust-Distributions-Alimony-Calculation

Are Trust Distributions Subject to Alimony Calculation

Equitable Distribution Family Law Trusts

When it comes to divorce cases, the treatment of trust income and assets can significantly impact the division of marital property. This blog post focuses on the differences between marital and separate property and the influence of trust assets on…

What-are-the-different-types-of-child-support

What are the Different Types of Child Support?

Child Support Family Law

If you make more money than your ex-partner, or if you have custody of your child 50% of the time or less, you may be required to pay child support. Child support refers to the financial support provided by one…

File-or-Renew-50B

How Do I File or Renew a 50B DV Protection Order?

A Domestic Violence Protective Order, also known as a “DVPO” or a “50B,” is an order from the court requiring a perpetrator of domestic violence, the defendant, to stay away from the victim, the plaintiff. If the perpetrator violates the…

Paternity-Rights-Birth-Cerfticate

Paternity Rights Regarding the Birth Certificate.

Child Custody Family Law

North Carolina General Statute § 130A-101 establishes the rules regarding birth registration of a child in North Carolina. Sections (a)-(d) explain the requirements for registering the birth certificate with the local registrar when the child is born in different places.…

How-Does-Interstate-Custody-Work-in-NC

How Does Interstate Custody Work in NC?

Child Custody Family Law

Interstate custody matters in North Carolina are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a law adopted by most states in the United States, including North Carolina, to provide a framework for resolving…

ChatGPT

The Role of ChatGPT in Family Law Cases

The advent of artificial intelligence has brought significant advancements to various industries, including the legal field. ChatGPT, an advanced language model, can generate human-like responses and provide valuable information. In the context of family law, ChatGPT can offer insights, guidance,…

Guardian-ad-Litem

What Is a Guardian Ad Litem & What Do They Do?

Child Custody Child Support Family Law

What is a Guardian Ad Litem? A “guardian ad litem” is a trained volunteer (sometimes an attorney) who advocates on behalf of the child or children involved in a case that includes allegations of child abuse or neglect, or that…

Marital-Misconduct

The Impact of Marital Misconduct on Court Proceedings

Divorce Equitable Distribution Family Law Separation & Divorce

Many people want to know if their spouse’s misconduct during the marriage impacts the property and benefits they will get in their divorce proceedings. The short answer is … it depends. It depends on what type of misconduct the spouse…

voided-marriage

Is My Marriage Void or Voidable?

Divorce Family Law Separation & Divorce

In North Carolina, as in many other jurisdictions, there is a distinction between void and voidable marriages. A void marriage is considered legally invalid from its inception. This means you and your partner were never legally married, despite believing you…

NC-Laws-on-Child-Abuse-Neglect-and-Dependency

North Carolina Laws on Child Abuse, Neglect and Dependency

When a case is opened with Child Protective Services or in juvenile court, CPS will review the report of the suspected child abuse and neglect to determine if further legal action is warranted. If CPS determines that court action is…

Terminating-Parental-Rights-Before-a-Step-Parent-Adoption

Terminating Parental Rights Before a Step-Parent Adoption

Child Custody Family Law

While there are many types of adoptions available in the US, the most common one is what is known as a “step-parent adoption.” A step-parent adoption is where the spouse of a parent with primary custody adopts their non-biological child…

Can I Date Other People Before My Divorce is Final in NC

Can I Date Other People Before My Divorce is Final in NC?

Divorce Family Law Separation & Divorce

The short answer is yes, you may date other people while legally separated from your spouse and waiting for your divorce to be finalized, but it might affect different legal rights during the divorce proceedings that may be important to…

Abortion in North Carolina What to know about the Supreme Court’s Decision

Abortion in North Carolina: What to know about the Supreme Court’s Decision

The Supreme Court’s decision in the case, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, announced on June 24, 2022, that Roe v. Wade and 50 years of recognizing abortion as a constitutional right was overturned. The case in question,…

Coparenting-in-the-Age-of-Social-Media-Defamation

Co-Parenting in the Age of Social Media Defamation: Protecting Your Family’s Reputation

Child Custody Family Law

In today’s interconnected world, social media has become an integral part of our daily lives. While it offers numerous benefits, it also poses challenges, particularly for co-parenting relationships. Co-parenting involves effective communication and cooperation between separated or divorced parents for…

Getting a Divorce in South Carolina

Getting a Divorce in South Carolina

Divorce Family Law Separation & Divorce

Here at King Law, we understand that life does not always go as planned – including marriages. There are situations in which divorce is the best option for the parties and King Law is here to offer non-judgmental help in…

PET CUSTODY AND DIVORCE IN NORTH CAROLINA

Pet Custody and Divorce in North Carolina

Divorce Equitable Distribution Family Law Separation & Divorce

Divorce can be a complex and emotionally challenging process. There are many worries when it comes to dividing assets and determining custody arrangements. One custody arrangement that does not immediately come to mind but can be a significant concern is…

Orders of Protection versus Restraining Orders in South Carolina

Orders of Protection vs. Restraining Orders in South Carolina

An order of protection is issued by the family court when the person being restrained is a member of one’s household. One must file a petition for an order of protection. Under §20-4-40, one’s petition for relief may be made…

Prenuptial Agreement

What Can Be Included in a Prenuptial Agreement in North Carolina?

Equitable Distribution Family Law Separation & Divorce

Entering into a marriage is a joyous time filled with excitement and love. However, it is also a time to be practical and consider the situations that might arise if the marriage does not work out. In North Carolina, couples…

Custody Mediation

What is Custody Mediation?

Child Custody Family Law

A custody mediation is a guided conversation between parents regarding child custody. The primary goal and purpose of a custody mediation is to allow parties to meet together to share information and make decisions in an attempt to avoid having…

50B Protective Order

Understanding 50B Domestic Violence Protective Orders

What is a 50B Domestic Violence Protective Order? Put simply, it is a court order, punishable by jail time if violated, that can keep you or your family safe from dangerous persons that have demonstrated that they mean to harm…

Beneficiary Divorce

What Happens to Beneficiary Designations During Divorce Proceedings When One Party Passes Away?

Divorce Family Law

Divorce proceedings can be a lengthy process involving the division of assets and family time agreements. During this time, a temporary injunction is put in place, preventing either party from disposing of marital assets. However, what happens if one party…

King Law | Custody of Children: Who Can Take Custody and What They Have to Prove

Custody of Children: Who Can Take Custody and What They Have to Prove

The state of North Carolina has recognized the constitutional right of parents to care and rear their children in the way they see fit. Parental rights are an essential Constitutional right the Court has deemed fundamental in our society. While…

Grandparents with grandkids

Who wins when Parents’ and Grandparents’ Rights Conflict?

Grandparents Rights

The right to retain control over children is a fundamental right. This means that typically there has to be a severe infraction by the parent(s), including but not limited to: abuse, neglect, or willful abandonment, for the parent(s) to lose…

King Law | When Can a Child Testify in a Custody Trial?

When Can a Child Testify in a Custody Trial?

If you’re worried about whether or not you’re likely to gain custody of your child, you may want to find more information relevant to your ability to get the results you want. One aspect which you may consider to be…

Hands holding cash

Statutory Termination of Alimony

When a couple separates, it is common for one or both parties to move on as if they were no longer married. You may even find yourself quickly engaged in a long-term relationship. However, if alimony has been awarded to…

Child Custody

What Steps to Take to Get Full Custody?

There are three types of child custody in South Carolina: Sole, Joint, and Divided. The courts tend to favor one over the others. This blog will explain the types and what you should expect when seeking custody in South Carolina.…

King Law | How To Protect Your Business From Child Support

How To Protect Your Business From Child Support

Every entrepreneur understands risk. There’s no guarantee that people are going to like the product as much as a startup owner thinks (and hopes) they will. And it’s possible that the market isn’t as large as originally predicted. But business…

King Law | Emergency Custody Order in North Carolina

Emergency Custody Order in North Carolina

Following a separation, parents have certain rights concerning how and when they can spend time with their children. Though these terms are negotiated and established legally, it is understandable that the non-custodial parent will be concerned about their child’s safety…

King Law | What’s the Difference Between Custody and Visitation?

What’s the Difference Between Custody and Visitation?

Family law becomes exceedingly more complex when a child must be considered in the proceeding. The terms “custody” and “visitation” are sometimes used interchangeably, but they actually have different meanings. Parents seeking to separate from their partners must understand the…

Divorced Parents Arguing about Child Custody

Modification of Child Custody

A child custody order can be modified if the parent requesting it can prove a substantial and material change in circumstances. The parent moving to modify the existing custody order must first meet the test of substantial change in circumstances…

Domestic violence victim

Domestic Violence Protective Orders

Domestic violence is not something any individual plans to face. It can be extremely frightening and victims of domestic violence often feel trapped in an unsafe situation. There are legal steps; however, that victims of domestic violence can take to…

FREE Residential building divided by a dotted line into four equal parts

How Rental Properties are Handled in a Divorce

Equitable Distribution

Married couples often utilize their marital funds for investing in future sources of income. One of the most common ways this is done is through purchasing rental properties. However, if that couple gets divorced, the division of the rental properties…

Unhappy couple

What Does My Separation Agreement Need to Cover?

Separation & Divorce

In North Carolina, couples must live apart for at least one year prior to receiving a divorce judgement. There is not a formal legal process for separation. At least one party must move out of the marital residence. At least…

Woman holding shirt with lipstick on collar

Legal Compensation in the Event of an Affair

Family Law Separation & Divorce

Going through a divorce is difficult, but it can be especially harsh when the driving factor behind the divorce is an affair. However, North Carolina law does allow you to sue the paramour, meaning the person who interfered in your…

Woman contemplating adoption

Nonbiological Parent Visitation and Custody of a Child

Sometimes a person enters a parental role with a child they have no biological connection to. In those instances, it is important to know what the rights of that person are. The North Carolina Supreme Court states that a nonbiological…

Little girl smiling

Adoption in North Carolina

Adopting a child can be a long process, but the reward is certainly worth the wait. The post provides an overview of the steps involved in adopting a child in North Carolina Being Prepared There are several different types of…

Conflict between Couple

Who Qualifies for an Annulment in North Carolina?

Like a divorce, an annulment legally terminates a marriage. Unlike a divorce; however, an annulment declares that the marriage never existed. There is a common misperception that annulments are simpler and quicker than divorces. Unfortunately, this is not the case.…

girl tired of parents fighting

What is Joint Legal Custody?

There are many different types of custody. Each of which has different requirements, restrictions and benefits. One that appears frequently is Joint Legal Custody. Joint legal custody generally refers to the right and responsibility to make decisions with important and…

Husband and wife are reading divorce agreement

Resolving Family Law Conflicts through Collaborative Law

Family Law Separation & Divorce

As of July 1, 2020, North Carolina has adopted a new means of resolving family law conflicts intended to reduce court costs and minimize the emotional toll on the families involved. This adopted conflict resolution method, called collaborative law, allows…

Separation Agreement FORM

Separation Agreement

Family Law Separation & Divorce

In North Carolina a couple who wishes to divorce must be separated for at least one year prior to filing for divorce. This can create problems especially regarding finances and child custody between the time a married couple decides to…

Weeding rings with prenuptial agreement

How to Void a Prenuptial Agreement

A prenuptial agreement, also known as a premarital agreement or a prenup is a contract a couple enters before marriage. The contract addresses the rights and obligations of each spouse after marriage. These agreements are governed by the Uniform Premarital…

Angry couple looking away from each other

What is Divorce from Bed and Board?

Family Law Separation & Divorce

Divorce from bed and board is different from an absolute divorce. An absolute divorce completely dissolves the marital relationship. In North Carolina, couples must be separated for at least one year before they are eligible for an absolute divorce. Absolute…

Alimony money

How Can my Alimony Payments be Terminated?

Divorce Family Law

When a couple separates, it is common for one or both of the parties to move on as if they were no longer married. You may find yourself quickly engage in a long term relationship. However, if alimony has been…

Couple with adopted son

Adoption Process in North Carolina

Adoption is a great option for many couples or individuals looking to grow their families. Adoption can seem like a daunting process but it can be greatly simplified with the help of an attorney. The first thing many people who…

Woman holding wedding ring

What is Marital Misconduct and How Does it Affect My Divorce?

Family Law Separation & Divorce

It has been reported by the Center For Disease Control and Prevention (CDC) that over 740,000 married couples file for divorce each year in the United States. The decision to file for divorce from one’s spouse is a difficult choice…

Couple with child

Collaborative Divorce

Divorce Family Law

Brian King is a participating party in the WNC Collaborative Law Group Article written by David J Irvine, Jr. It probably sounds to many people like divorce is far from collaborative. After all, a couple who once promised to be…

adoption

Adoption in South Carolina

Adopting a child can be a daunting process. Retaining an attorney is a necessary to navigate the intricate laws that surround the adoption process. Here at King Law we have a great deal of experience in family law. Adoptions are…

Grandparents with grandchild

Understanding Grandparent’s Rights in South Carolina

Family Law Grandparents Rights

Have you ever wondered who would have custody of your grandchildren if anything ever happened to your child or if your child was unable to care for your grandchildren? Have you ever contemplated what your relationship with your grandchildren would…

lady and dog sitting on blue sofa

Divorce From Bed and Board

Separation & Divorce

Contrary to the name, divorce from bed and board is not actually a divorce, rather, it is North Carolina’s form of legal separation. Divorce from bed and board typically occurs when the married parties are living together and neither party…

Man holding head in dark room

Alienation of Affection and Criminal Conversation

Separation & Divorce

North Carolina is one of the few states that still recognizes the claims of alienation of affection and criminal conversation. Alienation of affection and criminal conversation are claims against someone who engages in a relationship with a married person that…

man and woman holding hands by water

The Impact of Marital Misconduct in North Carolina

Marital misconduct is defined under North Carolina General Statute as any of the following acts that occur during a marriage and prior to the date of separation: Illicit sexual behavior between one spouse and someone other than the other spouse;…

paper with annulment and gavel

The North Carolina Annulment: A Rare Happening

Annulments in North Carolina are only available for defective marriages that are legally void or voidable. Examples of void marriages are bigamous marriages. Voidable marriages are valid until they are challenged in a proper court proceeding. Some examples of voidable…

drawing of a kid releasing a heart balloon

Terminating Parental Rights in North Carolina

Every parent retains constitutional legal rights and responsibilities for their child in North Carolina unless this relationship is terminated. Termination of parental rights means that a person’s rights as a parent are taken away by the Courts. This terminates the…

man signing a paper with black pen

Separation Agreements and What You Need to Know

Separation & Divorce

In North Carolina, a party is legally separated when one married person moves into a separate residence with the intent to never resume the marital relationship. Residing in separate bedrooms under the same roof is not a legal separation. Once…

Lady typing on cell phone

How Facebook and Social Media Can Negatively Impact Divorce

During separation and divorce emotion is often at an all-time high. People do and say things that can have a lasting impact. Facebook and other social media platforms are often a place where people have become accustomed to display their…

man and woman holding child's hands

Co-Parenting 101

Co-Parenting 101 is a guide on how two parents can navigate raising children together when the parents themselves are not a couple. Be the better person. Assume everything you say will be read in court before your parents, pastor, and…

Woman holding baby near a window

Grandparent’s Rights in North Carolina after Graham v. Jones

Over 2.5 million grandparents in the United States are responsible for the grandchildren living with them. Our firm’s North Carolina and South Carolina attorneys are asked daily about “grandparents rights” and what that means. North Carolina recognizes this special position…

Front of a check

Stimulus Checks and Child Support

I owe child support; can my stimulus check be seized? I’m behind on my child support payments, can I still get a stimulus check? With people receiving stimulus checks, questions are arising regarding how child support obligations may impact their…

Four people sitting at a table

Using Collaborative Law to Facilitate Resolutions In Family Law Cases

Separation & Divorce

Collaborative law is a method of dispute resolution that removes the disputed matter from the threat of litigation. Collaborative law, also known as Collaborative Practice, is a refreshing approach to resolving legal issues without having to go through the traditional…

Woman holding little boy

How Does COVID-19 Affect My Custody Visitation?

Our country is facing a crisis that we have not expected to go through, and our lives have had to change drastically. Your job may have closed, or there are modifications to your daily schedule. Schools are currently involved in…

Man's Fist

Receiving a Domestic Violence Protective Order

A Domestic Violence Protective Order, also called a DVPO or 50B Order, can be filed by anyone in which you have an intimate relationship, including spouses, those you are involved in a dating relationship with, a person you share a…

Parent and Child

How Do Judges Determine Which Kind Of Child Custody is Most Appropriate?

I want sole custody! But I’m not sure if I will get it. This blog will tell you how judges determine which kind of child custody is most appropriate in South Carolina. Factors Considered by the Court The best interest…

Custody Modification

Things You Need to Know About Child Custody Modification in North Carolina

When it comes to modifying your child custody order, there are a few things you will want to know. This includes what you will need to show the judge to receive the modification. One thing you should know from the…

What You Should Know About Spousal Spying

What You Should Know About Spousal Spying

Spousal spying can take many forms. It may involve glancing over your spouse’s shoulder while they are sending a text message or putting hidden cameras in your home. Whether you are spying or being spied on, there are several things…

How Much of Your Spouse’s Retirement Plan Can You Get in a Divorce?

How Much of Your Spouse’s Retirement Plan Can You Get in a Divorce?

Separation & Divorce

A retirement account may be one of the most valuable assets to be divided in a divorce case. The amount of your spouse’s retirement account you’ll receive will depend on the characterization of the property as marital or separate property,…

How is a Business Divided in a Divorce?

How is a Business Divided in a Divorce?

Equitable Distribution

Equitable distribution is part of the divorce process in North and South Carolina. Dividing a business can be one of the more challenging aspects of dividing up your finances for several reasons. Is the Business Marital Property? A spouse may…

Adoption Process in South Carolina

Adoption Process in South Carolina

Adopting a child can be a long process, but the reward is certainly worth the wait. This post provides an overview of the steps involved in adopting a child in South Carolina. Research Your Options Before you begin, you should…

Child Support or Alimony Modifications Due to Job Loss

Child Support or Alimony Modifications Due to Job Loss

You may be able to seek a modification of your alimony and child support obligations if you lose your job. You can attempt to modify your agreement voluntarily or file a motion in court. Child Support Modifications Child support in…

Three Things to Do Before Separating in North Carolina

Three Things to Do Before Separating in North Carolina

Separation & Divorce

You may feel ready to begin your separation period, but there are many legal and financial issues to consider first. Before you officially become separated, there are a few things you should do to prepare for a divorce. Contact a…

Can a Marriage Resume After Separation?

Can a Marriage Resume After Separation?

Separation & Divorce

You can resume your marriage at any time during the one-year separation period required by North Carolina law. As long as your divorce hasn’t been finalized, you are still legally married and can resume your marriage. However, you should understand…

Grandparent Custody

Grandparent Custody and Visitation Rights

Grandparents Rights

In general, a parent has a fundamental and constitutional right to raise and nurture their child. We often get questions from grandparents who wish to obtain visitation or custody rights of their grandchild or children and often do not fully…

Grounds for Alimony Termination

Grounds for Alimony Termination

Separation & Divorce

Indefinite alimony still exists but is less common than it used to be. Many alimony awards are now given for a specific period of time. Regardless of whether the alimony is indefinite or for a fixed term, the obligation or…

How North Carolina Deals with Loans in Divorce

How North Carolina Deals with Loans in Divorce

Separation & 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…

Can You Nullify a Prenuptial Agreement?

Can You Nullify a Prenuptial Agreement?

Separation & Divorce

Prenuptial agreements may be nullified or declared void in some situations. Specific clauses could also be voided if they are unconscionable or forbidden by law. For example, a prenup can’t decide on issues of child support or child custody. No…

Marital Misconduct in North Carolina

Marital Misconduct in North Carolina

Separation & Divorce

There is a common misconception among separated individuals when it comes to marital infidelity. Many people believe that if they can prove the other spouse had an affair, they can take all the property, get custody of the children, get…

Grandparents and Child Custody

Grandparents and Child Custody

Grandparents Rights

Grandparents have some rights to custody and visitation of their grandchildren in North Carolina. However, these rights are fairly limited. There are only a few specific situations where a grandparent can bring a claim for custody or visitation. Even if…

White Paper and Silver Fountain Pen

Doing Your Own Separation Agreement in North Carolina

Separation & Divorce

Separation is truly one of the most difficult times for anyone to go through. It impacts so many aspects of a person’s life. Separation does not always mean courts and judges—in fact North Carolina makes it very easy to make…

King Law | Is Your Spouse Making a Full Financial Disclosure?

Is Your Spouse Making a Full Financial Disclosure?

Equitable Distribution

Equitable distribution of marital property is required by North Carolina during a divorce action. To facilitate this process, both spouses are required to make full financial disclosure of all assets and liabilities as of the date of separation. This includes…

King Law | Mediation in Equitable Distribution Cases

Mediation in Equitable Distribution Cases

Equitable Distribution

The process that deals with dividing up marital assets and debts after two parties have separated is called equitable distribution. The North Carolina General Assembly passed a statute to establish a program that requires equitable distribution disputes to go to…

King Law | Dividing Retirement Assets in Divorce

Dividing Retirement Assets in Divorce

Equitable Distribution

Retirement accounts can sometimes be the most valuable assets a person owns. If you’ve been fully funding your 401(k) or IRA for years, it could form a big portion of your net worth, making it a key asset in your…

King Law | Equitable Distribution / Property Distribution

Equitable Distribution / Property Distribution

Equitable Distribution

During a marriage, husbands and wives generally acquire property, whether it’s a home, cars, bank accounts, a business, IRA’s or stock options. North Carolina law provides for the division and distribution of this property. Once a couple has separated, either…

King Law | Equitable Distribution in South Carolina

Equitable Distribution in South Carolina

Equitable Distribution

Family law is difficult. 90% of a family law attorney’s work is done outside of the courtroom. Part of that work is helping people get through a difficult time in their lives and get them on the right track for…

King Law | Locating Hidden Assets

Locating Hidden Assets

Equitable Distribution

This blog post is part of a Continuing Legal Education (CLE) Presentation by Brian King. Divorce is never easy and most often stimulates a world of emotions such as fear, resentment, or anger. Some spouses attempt to cope with these emotions by hiding…

King Law | How is Child Support Calculated in North and South Carolina?

How is Child Support Calculated in North and South Carolina?

Both North and South Carolina have general child support guidelines that are used to calculate how much child support a non-custodial parent must pay. These guidelines are generally followed unless there are special circumstances that warrant a deviation from the…

King Law | Child Support and Age of Majority

Child Support and Age of Majority

In North Carolina, the emancipation of a child occurs when the child turns 18, or if the child is in high school, when the child turns 20 or graduates from high school, whichever is first. Emancipation means a stage when…

King Law | When to Use Wage Garnishment to Enforce a Child Support Order

When to Use Wage Garnishment to Enforce a Child Support Order

Non-custodial parents are often required to pay child support in North Carolina. When these payments aren’t made, the custodial parent has the option of getting a court order for a wage garnishment from the custodial parent to enforce the child…

King Law | How Imputed Income Affects Child Support Payments in North Carolina

How Imputed Income Affects Child Support Payments in North Carolina

North Carolina has legal guidelines used to calculate a parent’s child support payments. These guidelines create a rebuttable presumption of the amount of a child support a parent must pay. A court will only deviate from these guidelines upon a…

King Law | Custody of Special Needs Children

Custody of Special Needs Children

Custody cases involving special needs children can present unique issues. The special needs child may require special care that could impact how the parents conduct child custody and child support negotiations. Both physical custody and legal custody can be more…

King Law | NC Case Law: Child Custody and Visitation Rights

NC Case Law: Child Custody and Visitation Rights

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

King Law | Procedure in South Carolina Family Court

Procedure in South Carolina Family Court

South Carolina Family Court is not like court you see on television. In fact, in some key aspects, it’s not even like other real courts in South Carolina. Of course, any court in South Carolina will have a judge present…

King Law | NC Case Law: Child Custody and Visitation Rights

NC Case Law: Child Custody and Visitation Rights

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

King Law | How to Handle Dating During a Child Custody Battle

How to Handle Dating During a Child Custody Battle

Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship…

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