Divorce can be complex and difficult under the best of circumstances. When one spouse is abusive toward the other, things only become more complicated
Family Law
What to Do If Your Ex Refuses to Follow the Holiday Custody Schedule
The holiday season is supposed to be a time of joy and celebration, but if you’re dealing with a divorce or custody arrangement, it can also be a time of stress and frustration. One of the most common issues parents…
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Holiday Custody and Gifts: Who Gets What?
The holidays are a special time of year for families to come together, share love, and exchange gifts. But if you’re going through a divorce or have a custody agreement in place, navigating gift-giving and dividing time with your children…
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How to Co-Parent Successfully During the Holidays
The holiday season is a time for joy, family, and celebration. However, for parents who are divorced or separated, it can also bring stress and challenges. Co-parenting during the holidays requires clear communication, flexibility, and focus on the children’s best…
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Communicating Honestly About Divorce With Children
Although fewer Americans are having children today, the National Institutes of Health notes that the majority of divorces still involve children
Unique Divorce Challenges For C-Suite Executives And Shareholders
According to the Association of Executive Search and Leadership Consultants (AESC), C-suite executives face an “above average” divorce rate.
Preparing a Will in Tennessee
Under Tennessee law, any person of sound mind, who is at least eighteen years of age, may make a will. A will must be interpreted to apply to the real and personal property it includes
Surviving spouse’s elective share in Tennessee
Under Tennessee law, a surviving spouse has a right to elect to receive a portion of their deceased spouse’s estate instead of what is left in the will.
Why You Should Hire A Family Law Attorney For Your Divorce
Some divorces can be simple, mutual, and uncontested. In these cases, the legal process is generally painless, requiring a simple series of forms and agreements
Understanding the Difference Between Marital and Separate Property in Tennessee
Individuals approaching divorce in South Carolina can typically expect to go through the divorce mediation process, as the South Carolina Family Courts have established expectations for divorcing couples with respect to mediation as a pathway to streamlining the court
Child’s Best Interest Standard In Custody Cases
Family courts in South Carolina must consider a range of factors when approaching child custody cases. When making these decisions, judges generally focus on the “best interest standard”
A Guide to Spousal Alimony in Tennessee
When a marriage ends in Tennessee, financial support, often referred to as alimony, may be awarded to one spouse to help maintain stability and fairness.
Valuation Of Assets In Divorce Settlements
Divorce can be complicated and messy, involving intense emotions, stressful decisions, and hurt feelings. This is often heightened by divorce settlements that involve valuable assets to be divided.
10 Questions to Ask Your Family Lawyer in Tennessee
Choosing the right family lawyer is a critical decision that can significantly impact the outcome of your case. Whether you’re dealing with divorce
How to Prepare for Your First Meeting with a Family Lawyer
Meeting with a family lawyer for the first time can feel overwhelming, especially when emotions are high, and the stakes involve important personal matters such as divorce
What to Know About Family Law Courts in Tennessee
Navigating family law disputes can be emotionally overwhelming and legally complex. The legal system becomes a critical tool for resolving conflicts when family dynamics shift
Evaluating Standard of Living for Alimony
According to the United Way Association of South Carolina’s Self-Sufficiency Standard for South Carolina 2024, the cost of living for a two-parent family with a preschooler
Prohibited Actions During Divorce Proceedings
The division of marital property between the spouses is an important part of most divorce proceedings. According to the South Carolina Bar Association, South Carolina is what is known as an “equitable division” state, which means that the judge in the South Carolina Family Court overseeing the divorce case will attempt to ensure a division of marital property that is equitable
Understanding The Divorce Mediation Process
Individuals approaching divorce in South Carolina can typically expect to go through the divorce mediation process,
Personality Traits Common In High-Conflict Divorces
Even the friendliest, most amicable divorces can be stressful. Ending a marriage, dividing your assets, working out a schedule to see your children
Valuing Collectibles In Divorce Proceedings
The division of marital property between the spouses is an important part of most divorce proceedings. According to the South Carolina Bar Association, South Carolina is what is known as an “equitable division” state, which means that the judge in the South Carolina Family Court overseeing the divorce case will attempt to ensure a division of marital property that is equitable
Managing Divorce In Family-Owned Businesses
According to SCORE, families own approximately 20% of small American businesses. When a married couple runs a business together and decides to get a divorce, this can present several emotional, legal, and practical difficulties for the couple to overcome to continue running or split the company in a manner that pleases both parties.
Factors Judges Consider In Child Custody Cases
According to Demographic Research, parents in the United States are now more likely than ever to achieve shared physical custody of their children after divorce
Identifying Hidden Marital Assets In Divorce
The financial aspect of divorce often causes challenges, overwhelm, and confusion. When dividing marital assets, each party must accurately report all belongings and assets while negotiating a fair settlement and understanding and complying with the state’s property division laws. If…
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Income Calculations For Alimony And Child Support
Divorce does not eliminate an individual’s responsibility to support others financially. In South Carolina, child support is ordered to ensure that shared children are provided for properly.
Involving Divorce Experts: A Comprehensive Guide
An attorney in a suit watching a divorcing couple review their paperwork on opposite sides of a conference table; divorce experts monitoring.
Termination of Parental Rights in North Carolina
Parents have both legal rights and responsibilities in North Carolina. When parental rights are terminated, a person can lose the rights given to parents concerning their child. This is a serious matter, and will only be granted in situations defined…
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Overview Of Divorce Planning
Spouses preparing for divorce have a number of logistical as well as personal matters to consider. While the specifics will vary from case to case, however, in most instances divorce planning will involve some element of financial preparation
Role Of A Guardian Ad Litem In Custody Cases
If a guardian ad litem (GAL) has been assigned to your child custody case, or if you have heard of guardians ad litem and are wondering whether you should petition a South Carolina Family Court to appoint one, you may have questions about the role a GAL may play in South Carolina child custody cases
Revisiting Estate Plans Post-Divorce
Divorce is often a messy process, altering lives, changing relationships, and shaking up finances.
Tax Implications Of Divorce
Divorce can upend and confuse every aspect of an individual’s life. This often causes emotional stress and turmoil, affecting daily rhythms, peripheral relationships, and financial stability. However, another facet of life isn’t discussed as often despite its impact on the individual’s life.
Identifying And Addressing Infidelity In Marriage
Click to learn how infidelity can impact a divorce case.
Legal Rights In Stepparent Adoptions
Stepparents often develop a deep and meaningful connection with their spouses’ children, actively participating in daily parenting tasks and contributing to important decisions regarding the children’s well-being.
Contested Vs. Uncontested Divorce: Key Differences
Many people believe that divorce is always a contentious, ugly proceeding as two spouses argue over every detail of their married life.
Calculating Child Support Payments
When you get divorced, dividing your assets may be the easiest part of the process. Determining custody, visitation
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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What to Expect if DSS Petition is Filed Against You (A Parent)
Getting notice that DSS is taking your children because there are allegations of abuse, neglect or dependency can be very scary as a parent, and so can the confusing and long process of getting your children back from the department.…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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Cost Considerations For Divorce Proceedings
Divorce comes with significant costs, both emotionally and financially. The process can be long and unpleasant, and the longer it takes
Steps To File For Divorce In South Carolina
When people get married, most do not envision it ending in divorce someday. Unfortunately, divorce is a sad reality for many.
Achieving An Amicable Divorce
Divorce comes with many challenges since it involves making key decisions concerning the couple’s finances, children, and future.
Strategies For Retaining Custody Of Children During Divorce
Divorce is a stressful and daunting experience that becomes increasingly complex when the couple has children.
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…
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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…
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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…
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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…
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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…
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Understanding Alimony Modifications in Tennessee
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…
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Safeguarding Children in Crisis: Navigating Emergency Custody
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…
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Co-Parenting and the Ability to Move Out-of-State
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…
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Equitable Distribution: Before vs After 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…
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Protecting Children: Child Abuse & Reporting to DSS
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…
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Post Adoption Name Changes: Why and How To
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…
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Alienation of Affections Law…What?
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…
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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…
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Post-Separation Support: What You Need to Know
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…
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Navigating Child Relocation and Custody Orders
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…
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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…
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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…
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Behind Bars: Navigating Parental Rights and Custody in NC
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…
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Promoting Respectful Co-Parenting with Non-Disparagement Clauses
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…
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Can a Putative Father Petition for In-Utero Paternity Test in NC?
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…
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Has Someone Sued or Threatened to Sue You for Custody of Your Dog?
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…
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Are Trust Distributions Subject to Alimony Calculation
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…
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What are the Different Types of Child Support?
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…
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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…
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Paternity Rights Regarding the Birth Certificate.
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.…
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How Does Interstate Custody Work in NC?
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…
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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,…
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What Is a Guardian Ad Litem & What Do They Do?
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…
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The Impact of Marital Misconduct on Court Proceedings
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…
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Is My Marriage Void or Voidable?
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…
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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…
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Terminating Parental Rights Before a Step-Parent Adoption
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…
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The Foster Care Adoption Process in North Carolina
There are several types of adoptions, each with potentially different steps and requirements. However, many of the core elements are the same. In the case of an adoption of a child in foster care, the adoption is managed by state…
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Can I Date Other People Before My Divorce is Final in NC?
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…
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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,…
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Co-Parenting in the Age of Social Media Defamation: Protecting Your Family’s Reputation
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…
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Getting a Divorce in South Carolina
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…
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Pet Custody and Divorce in North Carolina
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…
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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…
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What Can Be Included in a Prenuptial Agreement in North Carolina?
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…
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What is Custody Mediation?
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…
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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…
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What Happens to Beneficiary Designations During Divorce Proceedings When One Party Passes Away?
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…
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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…
Read MoreWho wins when Parents’ and Grandparents’ Rights Conflict?
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…
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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…
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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…
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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…
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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…
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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…
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How Rental Properties are Handled in a Divorce
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…
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What Does My Separation Agreement Need to Cover?
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…
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Legal Compensation in the Event of an Affair
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…
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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…
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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…
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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.…
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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…
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Resolving Family Law Conflicts through Collaborative Law
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…
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Separation Agreement
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…
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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…
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What is Divorce from Bed and Board?
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…
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How Can my Alimony Payments be Terminated?
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…
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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…
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What is Marital Misconduct and How Does it Affect My 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…
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Collaborative Divorce
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…
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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…
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Understanding Grandparent’s Rights in South Carolina
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…
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Divorce From Bed and Board
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…
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Alienation of Affection and Criminal Conversation
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…
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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;…
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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…
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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…
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Separation Agreements and What You Need to Know
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…
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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…
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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…
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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…
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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…
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Termination of Parental Rights in South Carolina
If you are a parent, you know that the responsibilities that come with parenting are limitless. You are responsible for taking care of them physically, emotionally, and financially, among other things. But circumstances arise that may deem it necessary to…
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Using Collaborative Law to Facilitate Resolutions In Family Law Cases
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…
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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…
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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…
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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…
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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…
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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…
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How Much of Your Spouse’s Retirement Plan Can You Get in a 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,…
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How is a Business Divided in a Divorce?
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…
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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…
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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…
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Three Things to Do Before Separating in North Carolina
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…
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Can a Marriage Resume After Separation?
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…
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Grandparent Custody and Visitation 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…
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Grounds for Alimony Termination
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…
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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…
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Can You Nullify a Prenuptial Agreement?
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…
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Marital Misconduct in North Carolina
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…
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Grandparents and Child Custody
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…
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Doing Your Own Separation Agreement in North Carolina
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…
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Is Your Spouse Making a Full Financial Disclosure?
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…
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Mediation in Equitable Distribution Cases
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…
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Dividing Retirement Assets in Divorce
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…
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Equitable Distribution / Property 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…
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Equitable Distribution in South Carolina
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…
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Locating Hidden Assets
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…
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My Ex Called DSS on Me, What do I do?
There are many times when a former significant other calls the Department of Social Services on the other parent. While the person making the report is anonymous, it can be evident of who made the report. Unfortunately, a majority of…
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Responsible Individual as Identified by DSS
If you or anyone in your family has 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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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