When spouses are divorcing, they usually go through a process of property and debt division called equitable distribution. During this process, retirement accounts are often one of the larger assets divided between spouses. Depending on the type of retirement accounts each spouse may own, a Qualified Domestic Relations Order (QDRO) may be necessary to divvy up the money. A QDRO (pronounced cue-dro or qua-dro) is a court order specifically designed to transfer to a current or former spouse the right to a portion of the other spouse’s retirement account. While QDROs are most often used in …Read More
Divorce
A DIY Divorce: 4 Reasons It May Not Be a Good Idea
When spouses separate, the expense of litigating claims for alimony and equitable distribution can add up quickly. While spouses often do not see eye-to-eye about the division of marital property and the amount of spousal support, they are usually in agreement about one thing: they want to become divorced. An uncontested divorce is one of the simplest actions in family law. For this reason, many clients try to save money by handling it themselves. Clients who handle their own divorces often make mistakes due to their inexperience and lack of knowledge of the legal process. These mistakes end …Read More
Case Update: Reconciliation Pitfalls
At Close Family Law, we ensure that our clients are well-represented, and one way we do this is to stay abreast of the latest North Carolina cases involving family law issues such as alimony (i.e., spousal support), child custody, child support, and equitable distribution (i.e., property and debt division), to name a few. We also know that our clients like to be well-informed and are interested in the current state of the law as it pertains to their case. That is why we are starting a regular series devoted to educating our clients on the latest and most interesting Court of Appeals decisions. …Read More
Co-Parenting Therapy
Parenting is difficult, even in an intact marriage. So when a marriage ends and you’re faced with having to parent with someone you don’t respect, trust, or may not even like – it can seem impossible. Just as parenting probably didn’t come naturally (at least not at first), neither does co-parenting. Among other things, successful co-parenting involves open communication and a level of respect for the other parent, two things many divorced parents simply don’t have. The prevailing view amongst child professionals who are familiar with divorce is that (1) a stable, loving relationship with each …Read More
One Big Reason Why You Should Settle Your Case
You and your spouse have separated. Tempers are flying high and you feel a complete loss of control over your life, and maybe your children’s lives. Your spouse won’t listen to reason and is poisoning the children. In such situations, it’s certainly easy to get caught up in all that anger, disappointment and betrayal and to believe that taking your spouse to court is the only solution. But one very important thing that many clients do not realize is how much time is involved in litigating divorce cases. It’s not just the time your attorney needs to prepare your case that clients often …Read More
Can I Be Sued for Having an Affair with a Married Person?
You may be surprised to find out that, in North Carolina at least, the answer is yes. The paramour of a married person can be sued in North Carolina under the claim of alienation of affection and/or criminal conversation. Alienation of affection is essentially a claim against someone who is believed to have taken the affections of the plaintiff’s spouse away from the plaintiff during the marriage. Criminal conversation is a claim against someone who has had sexual intercourse with the plaintiff’s spouse during the marriage. If you think the ability to file this kind of lawsuit seems …Read More
