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When might a premarital agreement be invalid in North Carolina?

Premarital (“prenuptial”) agreements can be very helpful in the right circumstances. They can give a person of means the right to direct their existing property to their children, for example, when a divorce might direct it to their spouse. Yet premarital agreements can’t – and…

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Can I get a fault-based divorce in North Carolina?

No. Unlike many other states, North Carolina does not have a fault-based divorce. In the vast majority of cases, you need only decide that your marriage is irretrievably broken and then be physically separated from your spouse for a period of at least one consecutive…

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New bills would change the divorce rules, ban ‘heart balm’ suits

A set of bills introduced in the North Carolina House and Senate would make changes to the rules for divorce and eliminate “alienation of affection” and “criminal conversation” lawsuits. If they are passed into law, what would the changes be? What are ‘heart balm’ lawsuits?…

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Help! My spouse won’t agree to a divorce

It can take a great deal of thought, pain and frustration to come to the conclusion that you want a divorce. Once you have, it almost comes as a surprise, sometimes, when your spouse isn’t immediately on the same page. People come to their own…

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Do active-duty military service people have to go through divorce?

Eventually, but generally not while they’re on active duty. The Servicemembers Civil Relief Act (SCRA) gives active-duty military service members additional time before they have to respond to civil court cases, including divorce and other family law matters. The point of the law is to…

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5 things to consider when dividing valuable collections in divorce

If you own a collection that is considered marital property, you may be wondering if you need to divide its value during your divorce. In general, you probably will have to divide it if it has demonstrable value. The division should be equitable, meaning it…

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Are emails, texts and social media posts admissible in court?

Generally, yes. As long as they are relevant and authentic, courts will generally allow digital communications as evidence. That means your Instagram posts could be included in your child custody case. The texts you send your ex could be used to show that you aren’t…

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Do I need a forensic psychologist in my child custody case?

In some cases, parents simply can’t come to a child custody agreement on their own. There could be many reasons for this. The parents may simply be too far apart, from a parenting point of view. There could be allegations that a parent is involved…

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Co-parenting: 7 tips on what to do when you can’t stand your ex

After a divorce, you will have to work with your ex-spouse to co-parent your kids. But how can you co-parent with someone you no longer love? You and your ex may not agree on much. The breakup and divorce may have been devastating. You may…

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Will I get more in the divorce if my spouse ruined our marriage?

In most cases, both spouses have played a role in bringing about the end of the marriage. However, when one spouse cheats, abandons the other, abuses alcohol or drugs, treats the other cruelly or engages in financial misconduct, that spouse may be considered more at…

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