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 …
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 #5: Prepare a Budget
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 looking”. …
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What should you bring to your meeting with a Divorce Lawyer?
I often get asked about what documents or other information my clients should bring with them to their initial assessment with my office. Some lawyers will tell their clients to bring “anything you thing would be helpful to help me understand your case,” although that is a pretty general statement, and doesn’t help the client. …
What should you bring to your meeting with a Divorce Lawyer?Read More
Problems refinancing the marital home?
One issue that I see come up again and again in divorce cases is that of the marital home – who should get it, and how to relieve the other party of the mortgage (in NC they are called Deeds of Trust) that is associated with it. North Carolina has some extremely bank-friendly foreclosure statutes, …
How do you decide who moves?
If you live in North Carolina and are thinking about divorce, you probably know that if you want a divorce, you have to separate from your spouse for at least a year. Unfortunately, it’s the separating part that is tough. Legally speaking, you could request a divorce from bed & board, or if there is …
Your Spouse wants the house – What if you are the only one on the Mortgage?
A common dilemma for many divorcing couples is how to handle the house. In most cases, this is the largest asset that must be divided, and the mortgage is often the largest debt to be divided. With the recent housing bubble, many couples have seen their house plummet in value, leading to decreased equity and …
Your Spouse wants the house – What if you are the only one on the Mortgage?Read More