Going to court to settle your family disputes should be a last resort. It is a way to achieve a resolution, even if your adversary is unreasonable or refuses to cooperate. However, it is also the most inefficient, unfriendly and costly way to resolve any issue. The only people who really win in divorce litigation are the lawyers. You should look for an attorney who is dedicated to helping you resolve your problems, without creating new ones. Litigation turns private family issues and finances into a public
Does my spouse have to sign the deed?
“Why does my spouse have to sign the deed when I sell property I inherited from my parents? It’s in my name alone.” Domestic lawyers and real estate lawyers get this question often. The quick answer is that the bank financing the purchase of the property says so. A more precise answer involves an understanding of “marital property.” Finally, there is a law that requires it. Let’s start with the North Carolina General Statutes. One of those statutes (N.C.G.S. 39-7) says that in order for a married
Rights you lose upon divorce.
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
Who gets the dog?
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.
Why mediation works
The tools that mediators bring to a mediation are quite different than the tools of a litigator. Mediators must do more listening than talking. Mediators must emphasize the collaborative aspect of mediation rather than the adversarial nature of litigation. Mediators build bridges. Family law litigation is often difficult because of the emotions involved in splitting up a family and the things acquired during the marriage. These folks have memories and emotions attached to tangible things. That may be the table his parents gave them. She has all
Online legal services
On March 11 the South Carolina Supreme Court adopted the Report and Settlement Agreement of a Court-Appointed Special Referee which found that LegalZoom is not engaged in the unauthorized practice of law in South Carolina. The case is Medlock v. LegalZoom.com, Inc., (Case No. 2012-208067). Some of the factors that appear to have influenced the decision are: (1) LegalZoom’s website clearly indicates that it is not a law firm or a substitute for a lawyer; (2) LegalZoom does not provide legal advice to its customers; (3)
Mothers’ Day
Both of my parents taught me a great deal about parenting. But today let’s focus on mothers. Historically, mothers have been viewed, or perhaps romanticized, as the nurturing parent. Fathers were the bread-winners, the providers. Today most families have two working parents and parenting roles have both changed and blurred. Parenting has become more collaborative, with both parents playing an active role in raising the children. Mom may be bringing home the bacon while dad is changing diapers. Dad may be cooking dinner while mom is doing
The Blame Game
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
Should joint custody be the presumption?
Joint custody can mean different things in different situations. If the parties share joint legal custody, it may mean that they share the decision-making authority for decisions affecting the children. Sharing joint physical custody means that the children divide their time with the parents in something that approaches equal time with each parent. Why is joint custody good? Numerous studies have shown that children in joint custody arrangements develop better family relationships, do better in school, have higher self-esteem and exhibit fewer behavioral and developmental