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 […]
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 […]
Consequences of Separation of Spouses — Raleigh Domestic Family Attorney
After separation, many family law rights should be immediately asserted or else they may be lost or waived forever. Without a separation agreement or property settlement agreement, various rights and obligations may be unclear to the husband and wife, as well as to third parties. Occasionally, even with a separation agreement or property settlement agreement, […]
The Importance of Premarital or Prenuptial Agreements — Cary Family Law Attorney
Drafting and negotiating premarital agreements (also known as prenuptial agreements) run contrary to the romantic ideal of marriage because premarital agreements contemplate dissolution. In fact, it was not until the late 1980’s that North Carolina courts began enforcing prenuptial agreements for this reason. However, having a premarital agreement is a prudent decision, both establishing and […]