Family Law

Family Law Questions and Answers

Family Law Questions and Answers

Interactions with clients that have family law issues produce issues and questions that frequently arise.  In this installment of our family law blog, we are going to discuss some of the more common questions that I have received over the years regarding family law.  Questions asked by multiple people, independent of each other, are asked for a reason.  That reason is that there is a lot of misinformation out there.  Let's clear some things up.

Who Gets the Dog (or Cat, or Guinea Pig) When you Divorce?

Who Gets the Dog (or Cat, or Guinea Pig) When you Divorce?

Today I'm going to try something different and, hopefully, fun.  I came across a hypothetical a couple weeks ago regarding a couple, two dogs, puppies, and divorce.  Lots of interesting issues that all involve equitable distribution.  After all, pets are property in North Carolina.

5 Part Series-What Should I Know When Separating-Part 5 (Be Cognizant of Evidence)

5 Part Series-What Should I Know When Separating-Part 5 (Be Cognizant of Evidence)

When I say 'be cognizant of evidence' I mean evidence that can work for you against your spouse and evidence that can be used by your spouse against you.  If you are doing something illegal, stop doing it.  If you have a problem, take the necessary steps to correct it and document the steps you've taken to show you've bettered yourself.  If your spouse has a problem with drugs or alcohol, make sure you are able to prove it in court.

5 Part Series-What Should I Know When Separating-Part 2 (Splitting Possessions)

5 Part Series-What Should I Know When Separating-Part 2 (Splitting Possessions)

When parties are separating there are going to be questions as to who takes what and who is entitled to what.  One of the first things that parties should ask is who is entitled to what money in the bank accounts?  That depends on whether or not the money is marital property.

5 Part Series-What Should I Know When Going Through a Separation? (Part 1 Financial Support)

5 Part Series-What Should I Know When Going Through a Separation? (Part 1 Financial Support)

Welcome to my five (5) part series titled "What Should I Know When Going Through a Separation?"  Today, I am discussing financial support.  This means financially supporting not only your children, but also your spouse.  That is, if your spouse does not have the resources to adequately meet his/her needs and you have the means to support him/her.  Probably not what you want to read, but you can save time and money in the future by making sure you do this correctly.

When Family Law Meets Real Estate

When Family Law Meets Real Estate

Family law intersects with myriad areas of law with real estate being no exception.  When a separation starts, real property inevitably becomes the subject of heated debates between separating spouses.  Say you enter into a separation agreement and work out what to do with the marital home.  That's great, but what should you do to ensure you are able to move on with your life and obtain a new home without waiting for the year long separation period to be over?

Spoliation of Evidence (AKA Preservation of Evidence)

Spoliation of Evidence (AKA Preservation of Evidence)

So, you are contemplating litigation or have recently commenced litigation and you think the opposing party has information that will make your case an easy win.  What do you do?  You send them a spoliation letter.   

The Doctrine of Necessaries

The Doctrine of Necessaries

With the potential change in health insurance laws it is very important that separated spouses read and understand this post.  If you fail to notify a healthcare provider, in writing, that you and your spouse have separated you could be on the hook for your spouse's medical bills.