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
Separation
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
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
5 Reasons Why a Parenting Coordinator Might Be a Good Idea
If you and your ex are still fighting after a custody order has been entered, the fighting is likely having a negative impact on you and your family. There are several valid reasons why a great deal of conflict might linger, even though your case has been resolved. Maybe there are residual trust or anger issues. Maybe there are too many scars from past physical or mental abuse. Perhaps your former spouse has a personality disorder and is simply impossible to make decisions with. Whatever the reason, North Carolina legislators have recognized that certain kinds of custody cases require extra …Read More
