Tweet 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)…
Tag Archive: Asset Division
Divorce Insurance… Really?
Tweet I’m just trying to picture the look on my wife’s face if she found out that I went an purchased divorce insurance… it wouldn’t be good, that’s for sure. But behold, there is now such a thing – insurance that gives you a payout if your marriage fails. Ironically enough, the product was dreamed…
What financial documents do I need to disclose in my Divorce?
Tweet Every state is different when it comes to financial disclosures that must be made in your divorce case. In North Carolina, the disclosures that are required depend in large part on what type of relief is being requested. Where Child Support is at issue, one set of documents is required, where spousal support is…
How to divide a pension in a divorce?
Tweet 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…
Why I like Collaborative Divorce so much…
Tweet 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…
What is Divorce Mediation – Does the North Carolina method work?
Tweet I didn’t realize until I had moved to North Carolina and reopened my family law practice here just how many meanings there are to the word mediation. Lets start with a basic definition – a mediation is a form of non-binding dispute resolution where the parties meet with a neutral mediator to help them…
How to prepare for divorce tip #9: Credit Cards and Lines of Credit
Tweet This is the ninth in a series of tips about what you should do to prepare for a divorce or separation. I believe strongly in the collaborative divorce process, but that doesn’t mean that you shouldn’t prepare for the worst. I was a boy scout, and our motto was “be prepared”. If you are…
How to prepare for divorce tip #7: Establish Your Own Credit
Tweet 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,…
How to prepare for divorce tip #6: Document and Safeguard your Property
Tweet 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…
How to prepare for divorce tip #5: Prepare a Budget
Tweet Whether you are considering a Collaborative Divorce (which I recommend) or an “old school” divorce, which only really benefits the lawyers involved, I would strongly suggest that you start to develop your budget. One of the great things about the Collaborative process is that this budget will be “forward looking” as opposed to “backward…