It probably sounds to many people like divorce is far from collaborative. After all, a couple who once promised to be together forever are calling it quits. How can that be collaborative? Collaborative Divorce or Collaborative Family Law is not so much about the divorce itself being collaborative, but rather how the couple goes about separating and divorcing that can either make it collaborative or adversarial. Most of us understand what an adversarial divorce looks like. An adversarial divorce involves the filing of a lawsuit,
Fear is a strong emotion. It can motivate you to action or it can paralyze you. Fear is an emotional experience, but it has physical effects on your body. In the evolutionary sense, fear was necessary. A scared animal usually flees, fights or freezes. Most people are no longer afraid of being mauled by a bear or devoured by a lion (although I confess that both seem quite unpleasant). These days, we are afraid of financial insecurity, not being accepted, having a health scare or
You probably have heard about common law marriage. You probably have a vague idea what it means. But, is it a real marriage? The answer depends on: (1) where you are now; (2) where you were when the common law marriage started; and (3) whether you did the things required by state law. State law of which state? Well, that depends too. The first thing you need to know is that common law marriages cannot be created in North Carolina. However, North Carolina will recognize
So you have decided to contact a divorce lawyer to schedule an initial consultation. What can you do to make that first meeting as productive as possible? Before you even make the call, learn all you can about the lawyer. Check out his or her website. What? They don’t have a website? Huge red flag. Does the lawyer’s website provide you with information about divorce law so that you can educate yourself before your consultation? If not, that is another red flag. If the lawyer’s website
You and your spouse have a Separation Agreement. You been separated over a year. Now one of you wants to get the divorce. Should your Separation Agreement be incorporated in the divorce decree? The answer is: “It depends.” You first need to understand what it means to incorporate your separation agreement in the divorce decree. In order to incorporate your separation agreement, you would attach a copy of it to the divorce complaint and request that Court incorporate the separation agreement in the divorce judgment.
The Supreme Court has decided that same-sex marriage is legal and must be recognized in all 50 States. Justice Kennedy, writing for the majority of the Court, recognized that our concept of marriage is an evolving concept. This interpretation demonstrates that Justice Kennedy and the rest of the majority recognize that the Constitution is a document that was intended by its authors to be a living and evolving document and not a static relic anchored in the late 18th Century. Regardless of people’s opinions about the
Divorce is not just the end of the marriage. Divorce cuts off several important marital and property rights. You may think that all you need is a simple uncontested divorce. However, before you get the judge to sign your divorce decree, you need to understand the rights that will end upon the entry of your divorce judgment. After you are divorced, you no longer have the right to request alimony. On the other hand, once you are divorced, your spouse cannot get alimony from you
One of the potential casualties of separation and divorce is the family dog. Although I refer here to the family dog, these considerations also apply to other pets. While negotiating custody of the children and division of the marital assets, a couple may disagree over who will keep the family dog. Under North Carolina law, pets are considered personal property to be treated no differently than a table or chair. However, the pet lovers out there know the truth: these animals are beloved members of the family.
During the last week of January 2014, winter storm Leon hit the southeast. In Atlanta things got nasty. Even though there was a winter advisory that quickly escalated to a winter storm warning, the kids went to school and the adults went to work. When it became apparent that Atlanta was going to get at least two inches of snow, all the businesses, all the schools and all the governmental offices sent their people home at the same time. Gridlock on the Interstates. People ended