North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is…
Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of…
North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust,…
The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. North Carolina and Divorce…
Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1] Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a…
Equitable distribution cases involving high-net-worth parties and spouses with significant assets require careful consideration to classify, valuate, and distribute property. Each piece of property must be classified as marital, separate, or divisible as a first step in equitable distribution. Determining which category each asset belongs to can be a lengthy…
READ V. READ, 2023-NCCOA-______ (2023) Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was…
FOSTER V. FOSTER, 2023-NCCOA-______ (2023) Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a…
When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario:…
Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…