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North Carolina Traffic Violation Consequences
It’s only a traffic ticket, what is the worst that could happen? Many individuals view receiving a traffic violation as just an inconvenience that can’t possibly result in anything bad. Due to this misconception most also believe that because traffic tickets are so minor, the best and most economical recourse is to pay the fine…
Grandparents’ Rights
Grandparents are allowed to seek visitation or custody of a grandchild only in limited situations in North Carolina. This is because the courts are not allowed to infringe on a parent’s constitutionally protected status or allow others to interfere with those parental rights without compelling reasons. In situations where a minor child is residing with…
Reasons You Need an Estate Plan
For most individuals, taking the time to put an estate plan in place may seem like a daunting task. Not realizing the importance of having an estate plan is another common reason why it is often why it is put off until later. Most individuals don’t know if or why an estate plan is needed,…
6 Common Estate Planning Pitfalls
When it comes to estate planning, the smallest mistake can cause the biggest problems. Money and property can quickly become tied up in the court system and be extremely costly for heirs to access. Or in other situations, assets can be unintentionally distributed to undesired parties. If you have made the commitment to make an…
What is Considered “Marital Property” in North Carolina?
Often the most frequently asked question about property division during a divorce is what property the other spouse is entitled to receive. In most cases, that question is not so easily answered. In North Carolina, once parties separate, the division of property, usually referred to as equitable distribution, begins with spouses identifying all property owned…
How the Date of Separation (DOS) is Determined and Why it is so Important
The date of separation is an important date that establishes the date that spouses began residing in separate locations from each other with an intent to permanently separate. Under North Carolina law spouses must be separated from one another for at least one year and a day before the court will grant an absolute divorce.…
Dangers of DIY Separation Agreements: Why You Shouldn’t Draft Your Own Separation Agreement
You can easily find online tools to aid in the self-preparation of many legal documents, including separation agreements. However, as convenient as they may seem, these ready-made forms can be filled with potential pitfalls that can do more harm than good. Fill-in-the-blank documents are “one-size-fits-all” and are rarely sufficient to address all the necessary considerations…
Can Alimony be Increased or Reduced?
For matters of post-separation support and alimony that were resolved through the entry of a North Carolina court order, it is possible to have the terms modified or vacated, even after a divorce is final. Any requests for modifications are governed by NC Gen Stat § 50-16.9, and, similar to orders for child custody and…
What Factors are Considered in a North Carolina Child Custody Case?
Parents who find themselves dealing with any type of child custody dispute, or anticipate having to go through a custody dispute, often find themselves asking what factors a judge considers when making a custody and visitation determination. Most parents can come to an understanding on custody, but when agreements are not possible, it becomes necessary…
Can a PSS or Alimony Order be Modified?
An order entered by the court for PSS or alimony may be modified or vacated at any time, upon application made to the court by either party and a showing of changed circumstances. A change in circumstances that may warrant modification of an order for PSS or alimony may include a dependent spouse’s cohabitation or…
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