A divorce is, by definition, the dissolving of a legal contract between two adults. In a way, the act of getting a divorce in North Carolina is a reflection of a presumption that the state had an interest in the couple marrying in the first place, and so it has an interest in having a hand in matters when the marriage ends.However, one of the realities of divorce, especially when minor children are involved, is that the obligation to support and care for those children doesn't dissolve. And the state has an interest in making sure that the parents live up to the responsibilities of raising their dependants. To that end, the state has a established guidelines that the courts are meant to use to gauge whether child support terms proposed by the divorcing parents are likely to meet the "reasonable needs" of their children. If they don't, then the courts have the power to order changes.The parameters currently in place have been established by the Conference of Chief District Court … [Read more...]
Archives for September 2014
Do you know the steps for the property division dance?
North Carolina couples considering a divorce probably don't think of the process as a ballroom dance. But in many ways, the analogy works. Just as the Waltz, Cha-Cha and Tango have intricate maneuvers, so do the elements of divorce. If you don't have the benefit of experienced legal counsel leading, you could well find yourself stepping on each other's feet.This is a particularly important thing to keep in mind in the context of property division. In a day when joint ownership of nearly every major asset and debt is common, choreographing a process that achieves equitable division can be a challenge. To help get you started on the right foot, here is a little primer on the right property division moves. There are four critical steps. They include: identification, classification and valuation; all leading up to distribution.Identification: Before you can divide something you need to know what you have. Both parties should take stock and list all real property such as art, jewelry, … [Read more...]
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