CAN I BLOCK MY EX FROM CONTACTING MY CHILD ONLINE?

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This is a very fact-driven question and the legal answer will depend heavily upon those facts. Some courts have started issuing virtual visitation orders which allow noncustodial parents to have virtual contact with their children when they are with the custodial parents. Virtual contact may include any form of communication that occurs online such as email, texting, social media or …

CAN EITHER PARENT WIN CUSTODY?

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Family court has evolved in recent years to mirror society’s changing attitudes about fathers being equal parents. In the past, fathers had little hope of winning custody unless the mother was proven an unfit parent. Now the default position in North Carolina assumes either parent has a standing chance going into a child custody battle. With that said, fathers still …

HOW CAN I BUILD UP MY CREDIT SCORE AFTER A DEBT-RIDDEN DIVORCE?

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When a couple faces a debt-ridden divorce there can be significantly negative effects on each spouse’s credit. Often a home refinance is required in a divorce to move the real estate from both parties’ names to only one. That can be expensive.  Reallocating income and expenses to include two separate homes can often have an impact on paying bills in …

WILL THE NEW TAX LAWS AFFECT A NC DIVORCE?

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Yes, starting in 2019, North Carolina residents who pay alimony will no longer be able to write off the alimony as a tax deduction and those who receive alimony will no longer have to claim it as income. As of now, it is currently unknown whether or not the new law applies to modified agreements originally entered into prior to …

What is a divorce from bed and board?

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Unlike an absolute divorce, a “divorce from bed and board” under North Carolina law is not an actual divorce that dissolves a marriage, but instead it is a judicial separation based upon martial fault. This remedy is most often sought when one spouse refuses to leave the marital home and start a separation. The following are the statutory fault grounds …

Do I have to have a separation agreement to get divorced?

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While the law does not require you to enter into a separation agreement with your spouse in order to file for divorce, it is advisable to enter into a separation agreement outlining your rights and responsibilities.  A separation agreement provides good protection for both parties as it is a legal contract between you and your spouse that defines the terms …

Can same sex parents be listed on their child’s birth certificate?

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Yes. In late 2016, the North Carolina Department of Health and Human Services reached a settlement agreement with a same-sex couple who had filed a lawsuit against the Department after it refused to amend their sons’ birth certificates to list both women’s names.  This settlement also means that other same-sex couples with children born after they are married can get …

Who gets the engagement ring?

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Because the ring is a large financial investment and often has significant sentimental value, many couples argue over who will get to keep the engagement ring after divorce.   In North Carolina, the majority of courts will treat engagement rings as a conditional gift until the marriage takes place.  A conditional gift is one where the giver gives the gift …

Do child support arrears ever go away?

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The short answer is no. Once a child support payment has become due, it cannot be modified, even after the child turns 18. There are a few limited exceptions, but in most cases, the payor must pay the full amount of past due child support owed.   An exception is if the person receiving the child support payments voluntarily forgives …

Will my inheritance be divided as marital property?

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How an inheritance is classified for purposes of equitable distribution depends on when it was received and how the funds were handled.   If an inheritance is received before the beginning of the marriage, it is considered separate property as long as the money stays separate throughout the course of marriage. If the funds are later co-mingled with marital funds, …