Throughout the United States, any divorce will require a final division of the couple’s shared assets and debts. Depending on the circumstances, the couple may arrive at an agreement regarding the division of marital property and submit that document to the court overseeing their divorce as part of their legal paperwork in the case
Separation & Divorce
The Role of Domestic Violence Laws in Tennessee Divorce Cases
Domestic violence can significantly impact divorce proceedings in Tennessee, affecting issues such as child custody, spousal support, and property division.
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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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 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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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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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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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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