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Determining how military benefits should be awarded to spouses and former spouses after the death of a servicemember is complex and based on a variety of factors, including the date and manner of the servicemember’s death and which military benefit is in question. Continue reading →

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Let’s be real, breakups are the worst. From your first heartbreak to the ending of your last relationship, it never gets any easier. While there’s many different ways to cope, you just can’t beat listening to a good breakup song. The problem is that many are overplayed and don’t pack the same punch. That’s why, for International Strange Music Day, we’ve made a list of the best out-of-the-ordinary breakup songs you can put on to help heal your broken heart. Continue reading →

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Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Continue reading →

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North Carolina law allows modification of alimony orders based on changed circumstances of either party, paying or receiving alimony. The same factors used for establishing alimony awards must also be used when determining whether to modify an award. These factors include marital misconduct, the relative earnings and earning capacities of each party, their health, their sources of income, the assets and liabilities of each party, and their relative needs. Continue reading →

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Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be unfounded, it means that an investigation found no evidence of the reported neglect or abuse. Continue reading →

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All court cases must follow certain rules and processes that dictate how they progress through the system and reach a resolution. Divorce cases must adhere to civil procedure, which includes strict rules regarding elements like pleadings, discovery, hearings, and evidence. Failure to meet any of the requirements of civil procedure could result in evidence being excluded, unfavorable rulings, or even sanctions. Continue reading →

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Retirement funds can be distributed between spouses as part of property distribution during divorce, and this includes naming one ex-spouse the beneficiary of the other’s survivor pension benefits. In some cases, this process is fairly straightforward; the beneficiary receives the survivor benefits upon the death of the pension plan participant. If the participant remarries, the divorce decree or separation agreement is likely not enough to override statutory guidelines for distributing survivor’s benefits. Continue reading →

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By Paul K Mengert, II, JD

Moving out is not a good first step to divorce.

Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →

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By Cheri’ Reaves, NCCP

After a deep conversation with a close friend, I felt the need to share something urgent. We were talking about children, technology, and how early they’re being introduced to smartphones, tablets, and social media. This isn’t just about screen time—it’s about real dangers lurking behind those screens. Continue reading →

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Qualified Domestic Relations Orders (QDROs) award retirement benefits to someone who is not the owner or payee of the plan. This person is called the alternate payee, and they are often spouses and ex-spouses. Retirement benefits can be considered marital property and divided in equitable distribution during divorce proceedings. However, since some divorces can take years to finalize, there are many considerations for property distribution, including the death of either spouse. Continue reading →