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...]
North Carolina Divorce Attorney Explains Prenuptial Agreements
For some people, a prenuptial agreement might seem unromantic or even insulting. However, a well-crafted prenuptial agreement can provide a number of benefits, including peace of mind for both parties. Just because a couple enters into a prenuptial agreement doesn’t mean they plan to eventually divorce. Entering into a prenuptial agreement is similar to purchasing car insurance or a homeowner’s insurance policy. You don’t buy insurance because you plan on getting into a car accident or experiencing a flood in your home. However, if something like a flood does happen, you can rest easy knowing that you have insurance to cover any damage. A prenuptial agreement offers similar reassurance. You may never end up using it, but it’s reassuring to know the agreement is in place just in case the unexpected happens. If you are considering a prenuptial agreement to protect you or your future spouse, you should take the time to discuss your options with an experienced prenuptial agreement … [Read more...]
Johnny Depp Agrees to Pay Amber Heard $7 Million. North Carolina Divorce Lawyer Discusses Divorce Settlements
After some apparent feet-dragging, Pirates of the Caribbean actor Johnny Depp has agreed to pay his ex-wife Amber Heard the $7 million settlement the couple agreed to in their divorce. One report says Depp initially balked at giving the money directly to Heard, but has since agreed to pay her rather than a third party. The couple, who were married for 15 months, have agreed to settle their divorce privately after Heard alleged that Depp had been physically and verbally violent toward her numerous times, including striking her in the face with a mobile phone. In her motion for a domestic violence restraining order, Heard included photos showing her with a bruised face and cut lip. Heard has stated that she will donate the entire $7 million settlement to charities that help victims of domestic violence. Although most divorce cases do not unfold in the public eye in such a manner, the case has drawn attention to the important issue of domestic violence, particularly how polarizing … [Read more...]
Who Pays Credit Card Debt in a Divorce? North Carolina Divorce Lawyers Educates
If you and your spouse have decided to end your marriage, you may be wondering how credit card debt is divided in a divorce. An experienced Raleigh divorce lawyer can help you explore your options says Raleigh Vitale Family Law, Whether you have a little or a lot, you want to make sure you get a fair result. An experienced North Carolina divorce lawyer can help you explore your options. Got Debt? You’re Not Alone If you and your spouse have a lot of credit card debt, rest assured you are not alone. The average American household has over $15,000 in credit card debt. When you’re facing a divorce, having a debt cloud looming over your head can make it seem like you will never be able to put your bills behind you. Fortunately, there are ways to ensure you’re not stuck paying your spouse’s credit card debts. There are also ways to reduce your overall financial obligations. If you and your spouse have significant debts, it’s important to work with a knowledgeable divorce … [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...]
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...]
Divorcing high asset couples may face bigger challenges
Nearly all couples in North Carolina encounter one challenge or another when divorcing. From failing to establish grounds for divorce and needing to remain separated for at least 12 months to property division disputes, finding resolutions to these challenges can be difficult, especially because of heightened emotions or if spouses do not seek legal help from an attorney.But for high asset individuals, such as some of our Raleigh readers, the challenges normally associated with divorce can be even more problematic. That's because high asset couples oftentimes have complex financial situations that typically are difficult to separate, making the divorce process even more emotionally charged and stressful. One thing high asset couples in Raleigh and across North Carolina can do to help make the divorce process a little less stressful is to obtain the services of a skilled family law attorney who has experience handling high net worth cases. Many times, a lawyer can point out potential … [Read more...]
Can same-sex couples in North Carolina cite grounds for divorce?
As you may or may not know, there are two types of grounds for divorce here in North Carolina: fault and no-fault. Depending on which type you have, divorce proceedings go differently. For couples who cite fault, divorce proceedings start right away. But for couples in no-fault situations, spouses must live separately for at least one year before filing for divorce.In cases of fault, a spouse may cite any of the seven grounds for divorce mentioned in § 50-5.1 and § 50-7 of our state's family law statutes. Grounds for divorce can include things like insanity, abandonment, cruel or abusive treatment or adultery, just to name a few. Though it's always been known that heterosexual couples could cite grounds for divorce, the recent U.S. Supreme Court decision regarding same-sex marriage begs the question: Can same-sex couples in North Carolina cite grounds for divorce?Though the obvious answer to this question may seem like a resounding yes, it's important to note that the wording of our … [Read more...]
Can men ask for alimony in North Carolina?
Even in today's society, there are still certain assumptions people have regarding gender roles. When it comes to family law issues, there are many including assumptions about who is more likely to file for divorce and who the judge is more likely to pick as the custodial parent.But even though most gender role stereotypes have changed over time, there are still some that persist to this day. Take for example requests for alimony. Some people still believe that only women can request alimony payments after a divorce, which is why the title of this post contains this question: can men ask for alimony in North Carolina? The answer to the question is absolutely yes. That's because family law judges in North Carolina don't care about a spouse's gender when determining an order for alimony payments. He or she cares about factors such as:The length of the marriageEach spouse's incomeWhether one spouse is supporting the otherHow long one spouse has been dependent upon the otherBecause gender … [Read more...]
When to consider drafting a prenup in North Carolina
Unlike other states in our nation, North Carolina uses equitable distribution to divide property during divorce proceedings. Despite its title though, equitable distribution does not necessarily mean a 50/50 split of property. The "equal" division of a couple's marital and divisible property is determined by the court after looking at the net value of these assets. Suffice it to say, this can sometimes create more contentions because one spouse may feel that the other is getting more than they are.One thing that can help alleviate contentions before they even present themselves is by drafting a prenuptial agreement. As we explained in a previous post, prenups aren't just for celebrities but rather a great legal tool for couples with varying levels of assets. That's because these documents can effectively handle the property division step of a divorce if done properly. Here are a few things you will need to consider though before drafting a prenup:Your personal assets. One of the most … [Read more...]
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