North Carolina Separation Agreements — Wake County Family Law Attorney

North Carolina does not require separation agreements for the husband and wife to be considered separated. Generally, however, the best way of outlining each spouse’s obligations is through a properly drafted separation agreement. Separation agreements can outline spousal support, alimony, child support, child custody, and child visitation, and can greatly reduce the expense generally associated […]

Basics of Equitable Distribution — Apex Family Law Divorce Attorney

At its most basic, equitable distribution is the court’s process for dividing property in a divorce. It is used when spouses are unable to divide their property themselves. The trial court has a lot of discretion in deciding on distribution matters, which can lead to troublesome results.  To discuss the issues involved in dividing up […]

Property Settlement Agreement’s and Public Policy — Raleigh Divorce Lawyer

North Carolina courts will enforce any property agreement that is not in violation of public policy. As a general rule, any provision in a property settlement agreement that modifies the normal duties and responsibilities that arise from marriage are against public policy. For example, a provision that affects the duty of the supporting spouse to […]

Requirements for a Valid Separation Agreement — Cary Family Law Attorney

Separation agreements are critical documents in the event a husband and wife end marital relations. It is very important to ensure the separation agreements are drafted correctly. Separation agreements must follow specific North Carolina requirements to be enforceable. To discuss any aspect related to a separation agreement or to ensure that your rights are adequately […]

Modification of Alimony — Cary Family Law Attorney

Courts proceed cautiously in considering whether to modify an amount of alimony due to a change in financial circumstances of the parties. If the change in circumstances was expected at the time of the original award of alimony, that change would not be enough to modify the alimony. Slight fluctuations of income from year to […]

Different Child Custody Arrangements and Terms Under North Carolina Law — Cary Child Custody/Visitation Lawyer

Maginnis Howard no longer practices family law. We currently work personal injury cases, consumer cases relating to credit or harassing phone calls, and wage and hour/employment cases. There are many terms used to describe child custody arrangements; terms used include “child custody,” sole custody,” “physical custody,” “primary custody,” “exclusive custody,” “joint custody,” “custody,” “exclusive custody,” […]

Cary Domestic Violence Attorney — North Carolina Chapter 50B Family Law Lawyer

Before Chapter 50B of the North Carolina General Statutes was enacted, the only remedies for domestic violence victims were through criminal statutes. There was growing concern that these criminal laws did not provide adequate protection for victims. Chapter 50B, entitled “Domestic Violence” created strong civil penalties to parties charged with domestic violence.  The statute prohibits, […]

Wake County Child Support Attorney – Raleigh Family Law Lawyer

Child support disputes are some of the most common issues in family law cases, regardless of whether the parents are going through divorce or never married. Child support payments in North Carolina are based upon custody categories and an income-sharing method derived from the gross income of both parents. Child support actions may be joined […]