The current Statewide, Wake County and Durham County “stay at home” orders may create some questions for parents regarding custodial time with their children. The governor’s statewide “stay at home” order is in effect until April 30, 2020 and lists traveling between residences for custody exchanges or visitation as an “essential” activity. Parents are advised to work together to create a plan in the event one of the parents or children becomes ill or needs to be quarantined. Otherwise, parents should continue to follow their custody order or agreement with regard to custodial exchanges. While North Carolina courts have not issued any rulings regarding the effect of the virus on custodial time, parents should adhere to recommended guidelines regarding social distancing and handwashing. A parent should not use the other’s perceived failure to follow these guidelines as a basis to deny custodial time. As always, parents should strive to keep their … [Read more...]
Unemployment and COVID-19 – Resource for North Carolina Employees & Employers
While independent contractors and self-employed workers are not typically eligible for unemployment benefits, they may qualify for federal Pandemic Unemployment Assistance as a result of COVID-19. These are certainly unprecedented times. With the COVID-19 pandemic, many North Carolina employers and families are grappling with unemployment issues. If you are laid off temporarily, or your hours are reduced due to COVID-19, you may qualify for unemployment. You can apply online at https://des.nc.gov. or by phone at 888-737-0259. Due to high call volume it is recommended that you apply on-line. You will need your social security number, information regarding your most recent employment and pay, your work history for the last two years and a bank account number and routing information for direct deposit. While independent contractors and self-employed workers are not typically eligible for unemployment benefits, they may … [Read more...]
What Do I Need to Know About Equitable Distribution in a North Carolina Divorce?
If you’re facing a divorce in North Carolina, “equitable distribution” is likely to be one of the first legal terms you hear. Equitable distribution refers to how property is divided between spouses during a divorce. “Equitable” doesn’t necessarily mean “equal.” Instead, the court divides property in a way that is deemed fair. The court consults a list of factors when deciding what constitutes a fair and equitable distribution of property. The distribution of assets plays a major part in any North Carolina divorce. This is why it’s in your best interest to work with a trusted Raleigh divorce lawyer to handle your case in the best way possible. Common Questions About Equitable Distribution in North Carolina Understandably, people often have questions about equitable distribution and what it means for their case. Since the court will decide how to divide the couple’s assets and debts. Should the parties be unable to settle ED out of court, this decision will … [Read more...]
How Does Divorce Affect My Green Card?
If you are a resident of a foreign country married to an American citizen, you may wonder how divorce affects your status with respect to your green card. Under U.S. law, conditional permanent residents are granted a visa (green card) for two years. If these individuals wish to stay in the country on a permanent basis, they must petition U.S. Citizenship and Immigration Services (USCIS) to lift their conditional status within 90 days of the expiration of their visa. This is an important step, as conditional visas can’t be renewed. For conditional permanent residents who planned to change their status after two years of marriage, divorce can be a major roadblock. For example, if you were married to an American citizen for less than two years when you got your visa, U.S. immigration law requires you to wait two years before petitioning USCIS to lift your conditional status. At that point, both you and your spouse are required to file a joint petition. But what if … [Read more...]
The Next Generation of Family Law
source: https://www.bestlawyers.com/article/the-next-generation-of-family-law/1035 For 16 years, Lori Vitale practiced family law first as an associate, and then as a partner at a well-established Raleigh law firm. But in 2011 she struck out on her own, starting a law firm that focused exclusively in the area. That firm, Vitale Family Law, has since been ranked Tier 1 in Raleigh for family law by U.S. News – Best Lawyers “Best Law Firms” 2017, a remarkable achievement for a firm that opened its doors just five years ago. “At my previous firm I had a number of very knowledgeable mentors, so when it came to starting my own firm, I wanted to emulate what I had learned from them,” Vitale says. “I’m very proud of how far we’ve come in such a short amount of time, and the root of that growth has really been the strong mentoring I received early on in my career.” Indeed, Vitale has long been recognized as an authority in her field. Since 2001, she has been board certified as a family … [Read more...]
Does child support work differently in legal separations?
When a marriage comes to an end, couples in North Carolina have one of two options: they may choose to stay legally separated or they can choose to get divorced. Either way, the couple will need to go through a separation period, which can create particular legal challenges, especially for parents. One of the biggest issues created by separation periods is a child support obligation. When divorce is imminent, most couples will wait until divorce proceedings begin, then allow a judge to make a determination about who should pay and how much. But during legal separations, things work a little differently. The first thing to note is that separating spouses in North Carolina do not need to sign any paperwork indicating that they intend on living separately from one another. Unless the couple signs a separation agreement, the state does not know if a child's financial situation has changed or that the child is in need of child support payments. North Carolina parents, during legal … [Read more...]
Dissipation of assets: what is it and is it a concern?
If you're currently going through a bitter divorce, chances are good that you want to make things difficult on your soon-to-be ex-spouse. For you, the opportunity to resolve your disputes amicably has passed. And if things have broken down to a state of complete disrepair, you might even push to get as much as possible during property division, leaving your ex with little to nothing if you can help it. Feeling this way is a common reaction, particularly when divorce negotiations go sour or in bitter divorces in general. But while you might feel the urge to "stick it" to your ex-spouse, you might want to reconsider doing anything too drastic. That's because doing so in North Carolina could have serious consequences for the malicious spouse. We've all heard a story about a person taking the 50/50 rule too far, such as actually cutting a piece of marital property is half to signify the equal split of assets. But while some may find this display of irony humorous, the same reaction may … [Read more...]
When can a parent request modification of a support order?
Typically in North Carolina, noncustodial parents are required to make child support payments to custodial parents as part of a court order. As we have explained before on our blog, these payments are supposed to provide the child with financial support that enhances their wellbeing.But sometimes these support obligations can become too much for noncustodial parents who are struggling financially. They may find it difficult to make payments on a routine basis or may have to make tough decisions about their own needs versus the needs of their child. In situations such as this, a noncustodial parent might ask the question we've posed above: When can a parent request modification of a support order?According to the North Carolina Office of Child Support Enforcement, parents who have child support obligations may request modification of their court order when their circumstances have significantly changed to the point where the child is being affected. Though this may seem broad and a … [Read more...]
Headed for divorce? Don’t start dating too soon in North Carolina
If you're experiencing marital problems and think your marriage could end in divorce, you're not alone. Many couples have been where you are right now and may have even asked the same questions you are considering at this very moment.Like other couples in North Carolina, you have questions about how to start the dissolution of your marriage and what the law will require you and your spouse to do when the time comes. But like so many before you, you probably don't have the legal background necessary to answer these questions on your own, forcing you instead to turn to a skilled family law attorney who likely has your answers. One question that might be on your mind concerns the prospect of dating, particularly in situations where couples know their marriage is ending. In today's post, we'd like to take a look at North Carolina law, which may provide you with some answers.As so many of our frequent readers here in Raleigh know, North Carolina is a no-fault state. This means couples do … [Read more...]
Can you get arrested for failing to pay child support?
Here in North Carolina, as is the case elsewhere across the nation, non-custodial parents are typically required to make child support payments to the custodial parent. As you may or may not know, an obligation to pay support is handed down by a family law judge and is considered enforceable under state law.Those who aren't as familiar with family law as an attorney is, though, might ask the question we're posing in today's post title: can you get arrested for failing to pay child support? The answer is no, but it's crucial to know that this doesn't necessarily mean you aren't breaking the law and can't ever be arrested. Let's take a look. As the North Carolina Division of Social Services explains, though a non-custodial parent is breaking the law by failing to pay child support, these delinquent payments are not considered immediate grounds for arrest in our state. In order to enforce the law, a custodial parent must serve the non-custodial parent with a Motion and Order to Show … [Read more...]
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