North Carolina Divorce Lawyers BlogMany assume that the rules about marital misconduct stop mattering once a couple is separated. But that assumption grows risky when a premarital agreement has its own conduct clause. Continue reading →
Articles Tagged with separation
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Can a North Carolina Judge Base Alimony on Last Year’s Paycheck?
Has your income changed since your divorce case began? Many parents involved in an alimony case may see a new job or pay cut occur after a case begins and worry that a judge will simply pull from the number that looks worst from an old tax document. Continue reading →
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What Must Courts Explain When Awarding Alimony in North Carolina?
In many divorces, at some point the conversation shifts from what went wrong during the marriage to what each person can afford after it. Then the court may have to go through paychecks, monthly bills, unpaid support, and legal fees and turn all that into a dollar amount. Continue reading →
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Songs To Listen To During a Divorce or Breakup
It’s been said that breaking up is hard to do, and the last thing you want is to go through the pain alone. Continue reading →
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Celebrating Our Furry Family Members on Dec 11th
The holidays are a season of giving. We shop for our children, cook up incredible feasts to share with loved ones, decorate our homes to spread joy, and often make end-of-year contributions to our favorite charities. But in the hustle and bustle that comes with December, it’s easy to overlook some of the most vulnerable members of our North Carolina community: the animals in our local shelters. Continue reading →
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Appellate Jurisdiction and Interlocutory Appeals in North Carolina
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower court’s decision. Interlocutory appeals present unique challenges when determining appellate jurisdiction because there are strict rules concerning the types of orders and judgments that can be appealed, such as whether or not the appealed ruling is considered final. Continue reading →
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Credit for Mortgage Payments Made After Separation
Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if the marital home is awarded to the spouse who paid the mortgage? Continue reading →
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I’m Movin’ Out
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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Marital vs Personal Property in NC Divorce Proceedings
In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification of personal vs. marital property in the context of divorce proceedings. Continue reading →
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Factors North Carolina Courts Consider When Awarding Alimony
North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used to determine alimony. Continue reading →