North Carolina has some wacky laws when it comes to divorce. They are not always intuitive, and sometimes they are downright unfair. One such example is a rule called the “McClean Presumption“. This rule deals with Equitable distribution in North Carolina, and the treatment of marital and separate real property (also known as land) and…
Category Archives: Equitable Distribution
How to divide a pension in a divorce?
I got a great question today in my Ask a Lawyer Section. The question was this – “In North Carolina is a spouse entitled to half her husband’s pension? If so, when does she get it and is it considered income when considering Alimony and Child Support?” Here is a quick synopsis of this difficult…
How a Collaborative Divorce could save your business
In discussing the benefits of Collaborative Divorce, we often talk about how it will help save your relationship with your spouse, cause you less stress and anxiety, be less harmful to the kids, and usually costs less than “old school” litigation. One of the real world examples of this is the case of a family…
Why I like Collaborative Divorce so much…
I just started another Collaborative Divorce Case yesterday (meaning that we had the first four-way meeting with another attorney and her client). It was another shining example of why Collaborative Divorce is such a great thing for clients that are willing to work with one another to resolve their case with less stress and pain…
How to prepare for divorce tip #12: Keep a Diary
This is the second to last in a series of tips for individuals who are considering separating from their spouse, and ultimately, divorcing them. Many of the steps that I have provided in this series are geared toward preparing you for litigating your case, but I need to stress that I believe strongly in keeping…
How to prepare for divorce tip #11: Who moves?
Today’s divorce tip involves a commonly asked question, especially in North Carolina – Who moves? I encourage all of my clients to at least consider the possibility of a collaborative divorce, and if you go that route, this is one of the many issues that can get worked out during the “four-way” meetings that are…
How to prepare for divorce tip #10: Avoid additional Debt of Major Purchases
One of the biggest mistakes I see divorcing couples make is piling on additional debt after they separate, thinking that their spouse is responsible for one-half of this new debt. This couldn’t be farther from the truth. In North Carolina, the courts will look at the amount of debt you, as a couple, have incurred…
How to prepare for divorce tip #7: Establish Your Own Credit
Regardless of whether you choose to conduce a Collaborative Divorce or go the route of the courts, I would encourage anyone pursuing a separation or divorce to make sure they have some credit in their name. I’ve had numerous clients come to see me over the years that don’t have access to credit cards, and…
How to prepare for divorce tip #6: Document and Safeguard your Property
This is the sixth in a series of tips I am publishing to help people who are considering separating from their spouse or divorce. While I believe strongly in the collaborative divorce process, there are times where you must take steps to protect yourself. This series is meant to help you protect your legal rights…
How to prepare for divorce tip #4: Photocopy all the financial records
Although I believe strongly that the collaborative process is the right approach for nearly all divorcing couples, I can understand that when you first begin thinking about divorce, the gut reaction is going to be to circle the wagons and get ready. That is why I have included photocopying the financial records as tip #4. …