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Divorcing an Addict

Maybe it starts on a smaller level. A wife may notice her husband has had too much to drink at a party, and she makes excuses for her husband’s erratic behavior. The next week, the same situation repeats itself. Within six months, the wife becomes accustomed to seeing her husband in a drunken state more…

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When Marriages End by Strategy

Not every divorce ends in a contentious battle to the emotional and financial death. For some couples the decision to go their separate ways, at least legally, can be a very difficult decision to make. When you think about a couple weighing the pros and cons to divorcing, you might picture them talking about their…

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Intentional Underemployment and Child Support

Many couples, even ones whose divorce is relatively amicable, may have a moment (or ten) where they briefly wonder, How can I get even with my soon-to-be ex-spouse? For some, though, it is more than a passing thought. It becomes a way of life to see how much trouble they can throw into the life…

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Once the Heat Is Gone, Can the Marriage Remain?

You are out for drinks with friends or just walking down the block from work to pick up lunch, but you make eye contact, exchange smiles and feel an instant spark with a total stranger. There is just no getting around the fact that the first thing that attracts two people to one another is…

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What Are the Benefits of Equal Time-Sharing by Co-Parents?

There are 20 million single-parent households with kids in the US, and 16 million of those are single mothers. For these parents, trying to gain a financial foothold – especially when they are of the primary residential parent and caregiver of the children – can seem impossible. There has to be a better way. And…

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Hidden Assets and Tax Fraud: When Your Spouse Is Lying About Money

According to researchers from the IRS, Carnegie Mellon University, the London School of Economics, and the University of California Berkeley, high-income tax evasion is on the rise. One recent poll also concluded that 44% of people keep financial secrets from their partners. The reasons vary but typically center around a desire to control finances, shame…

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Understanding Coercive Control, and How it Leads to Domestic Abuse

Domestic abuse often involves verbal, physical, and sexual abuse. However, it can also include manipulative, grooming-like behaviors that can create a situation that is challenging to leave. This is called “coercive control,” and it is often a precursor to physical or sexual abuse. Coercive control is defined as behavior that is strategic, oppressive, and terroristic.…

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North Carolina Continues to Fail Its Children

At some point, you have probably heard that 50% of marriage end in divorce. That is not really accurate, because it is averaging first marriage divorce rates with second (or more) marriage divorce rates, which skews the numbers. But there is one divorce statistic that is solid: between 70% and 80% of child marriages –…

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Who Pays for the Credit Cards in a Divorce?

If you ask divorced people what led to their marriage ending, you will hear a lot of different answers. Maybe they were poor communicators. Maybe they knew the marriage was a mistake from the start. Maybe they simply drifted away from one another. But the one reason that pops up the most is money. Few…

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What Should You Ask for in Your Divorce Settlement?

Generally speaking, both parties to a divorce want to walk away with as much as they each can. (Rarely will you hear a spouse say “whatever it takes, just end it.”) Usually there is a fight over who contributed more to the marriage financially and what types of contributions count. A spouse who works and…

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Handling the Emotional “Stages” of Divorce

Going through a divorce is much like working through the death of a loved one where you experience stages akin to the grieving process. Most people do not go from saying “Okay, I’m getting a divorce,” to filing paperwork and starting over without doing a lot of introspection. Whether you are at the beginning, middle…

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Commingling of Assets and Its Effect on an Inheritance

North Carolina law typically forbids dividing an individual’s inheritance between spouses during divorce. It doesn’t matter if the inheritance is cash, a house, stocks – an inheritance is that person’s separate property. Further, this counts whether the spouse received the bequest before or after the marriage. Although this is the general rule when it comes…

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What Are My Rights as a Father in North Carolina?

As a father, you have certain rights regarding custody and visitation with your child. Although many people still hold on to the outdated belief that the state always sides with the biological mother of a child, this is no longer true. Both parents have equal rights to their children in the eyes of North Carolina…

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Separation Agreements: Not for Do-It-Yourselfers

First, a request; please don’t use a separation agreement from the internet. “Do-It-Yourself” legal documents, whether posted as templates or as samples by people that mean well, are not problem-solvers. They are problem-causers. We frequently see clients with separation agreements they believed were well-constructed and fit their particular situation, but in reality, the document was…

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Dividing Retirement Plans – The QDRO

When you and your spouse divorce, your marital assets and debts will be divided between you. Often, the marital assets of greatest value are retirement plans, including pensions and profit-sharing plans such as 401(k)s. Unfortunately, dividing retirement assets is not usually as simple as transferring money from one account to another, or “cashing out” an…

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