A business does not automatically have to be sold when its owner gets divorced. Instead, North Carolina courts determine whether the business, or part of it, is marital property, assign a value to the business interest, and divide that value through equitable distribution.
If you own a business or...
Retirement accounts are often among the largest assets a couple owns, and they may be subject to equitable distribution in a North Carolina divorce. Whether an account is divided depends on when the contributions were made, the type of retirement plan involved, and whether the proper legal steps are taken before the...
A postnuptial agreement is a contract that spouses sign after they are already married. In North Carolina, a valid postnuptial agreement can define property rights, address financial matters, and establish how certain assets may be treated if the marriage ends. While similar to a prenuptial agreement, the timing and legal considerations are...
A North Carolina prenuptial agreement can address many financial issues, including how property and debts will be handled during the marriage or in the event of divorce. However, there are limits. Courts generally will not enforce provisions that attempt to predetermine child custody or child support because those decisions must be...
Marital misconduct in North Carolina refers to certain types of behavior by a spouse during the marriage that can directly impact alimony. In some cases, it can require a court to award or deny support, depending on who engaged in the misconduct.
What Counts as Marital Misconduct in...The date of separation sets the cutoff for what counts as marital property in North Carolina. It determines which assets and debts are included in equitable distribution and can directly affect how your property is divided.
When you're going through a divorce, even a small disagreement about this...
In North Carolina, child support does not always end automatically when a child turns 18. In most cases, support continues until the child turns 18 or graduates from high school, whichever occurs later, as long as the child is making satisfactory progress toward graduation.
Understanding when support actually ends...
Annulment and divorce both end a marriage, but they do so in very different ways. An annulment treats the marriage as if it never legally existed, while a divorce formally ends a valid marriage. The right option depends on your circumstances, including how the marriage began and how long you have been...
A gray divorce is a divorce involving spouses who are typically age 50 or older. These divorces often involve different financial and legal considerations than divorces earlier in life because couples may be closer to retirement and have accumulated significant shared assets. If you are considering divorce later in life, understanding how...
Unmarried fathers in North Carolina have legal rights, but those rights usually must be formally established before they can be enforced. Until paternity is legally recognized, a father may have limited authority regarding custody, visitation, and decision-making for his child. Once paternity is established, an unmarried father can pursue custody, request visitation,...
