Chapter 50 Chapter 50 of the North Carolina General Statutes governs the practice of collaborative law in North Carolina. Section 50-71 sets forth various essential definitions to the practice. It defines collaborative law as: “A procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation [...]
As the North Carolina Stay-At-Home Executive Order 121 enters its second week because of the Coronavirus (COVID-19), we’ve been asked by separated parents what to do about sharing time with their children when they’re not in the same home. Both the Wake County and the North Carolina statewide Stay-At-Home order specifically make the travel [...]
Divorce is a time often fraught with worry and uncertainty. Many people experience an onslaught of conflicting and overwhelming emotions. Those things are true for adults who have at least some understanding and often somewhat reasonable expectations about what to expect. For children who are facing the process of divorce, it can be a [...]
If you are considering divorce in North Carolina, there is something you should know. It's a secret that some divorce lawyers might not want you to know. The secret is that only about 10% of divorce cases ever actually go to trial. The other 90% are settled. Unfortunately, these settlements often occur only after the [...]
Guest Blog by Michelle Topal, MSW, LCSW The Impact on Children Separation and divorce is a difficult, painful process for everyone involved. It usually precipitates significant change and loss, and triggers in most people deep feelings of failure, lack of control, rejection and abandonment. Many things have been written about the impact the change to the [...]
In North Carolina, you can't get divorced until you've been physically separated for at least a year. During the separation period there's a need for two homes while you're still married. If you rent an apartment as the second home, then it can be relatively simple. But if you want to buy a second home [...]
What Is The Cost of Collaborative Divorce? Divorces are expensive. But don't take our word for it. Here are a few true stories.Example #1: Divorce LitigationAccording to public record, Joanne Simon's divorce in Iredell County, NC, cost approximately $288,000. Her ex-husband spent another $200,000-$250,000.The couple owned a large marital estate—approximately $2 million. The court awarded [...]
If you file for divorce in Durham County and are represented by an attorney, your case will proceed as follows: The Divorce Petition or "Complaint" is filed stating the bare minimum facts like your date of marriage, date of separation, and whether you have any minor children. The Complaint, along with a "Civil Summons" is [...]
Wake County offers two different types of divorces: Clerk's Default Divorce Summary Judgment Divorce Both types have the same legal effect. They differ in the type of motion filed and whether there is a hearing or not. All divorce petitioners can file for a Summary Judgment Divorce, while only certain types of cases can proceed [...]
Divorce is tough on both parents and children. For moms there's an awful experience of what we call "premature separation" from their children. Even after children turn 18 and head off to college, it's hard to adjust to having the children out of the house. It's really hard to have the children out of the [...]
Technically, yes. The law does not require you to have a lawyer. Parties are allowed appear in court "pro se" which means without an attorney. But, if you have a toothache, would you rather see a dentist to have it treated or just go ahead and pull it out yourself? Would you rather draw [...]
The matrimonial statutes in North Carolina are a complex web of legal rights and entitlements that arise out of the antiquated notion that while you don't need the court's permission to get married, you have to have the court's permission to get un-married. These days, you have to show the state that you've been separated [...]
The quick answer is "no." However the thought of divorce can be scary and many people fear financial ruin is part of the process. The real question is not "can I get a divorce for free," it is "what kind of divorce do I want?" Your choice of lawyer can have a huge impact on what [...]
The total cost of a divorce, including attorneys fees, court costs, real estate transfers, and consultant fees varies so widely for any particular couple, that an "average" cost is almost impossible to calculate. The reason being is that there are many different factors that influence the cost. I once heard that a prominent area divorce [...]
Once you have decided what your conversations will look like, you can move on to the more substantive conversations. Will we separate and will it be a trial separation or a permanent separation? Typically one spouse has a greater desire to separate than the other. Raising the possibility of a separation can be a difficult [...]
When people research what it means to move toward separation and divorce, the first search topic is the law. Of course the Internet has vast amounts of information on North Carolina divorce laws. However, the laws that govern equitable distribution of marital property, alimony, and child custody are broad outlines of what a court [...]
Arbitration. Mediation. Negotiated settlement. They sound like good ways to avoid divorce court. Unfortunately, in North Carolina, these non-court options fail families in many of the same ways that court fails families. Why? Because these alternatives continue to be adversarial and use the same standards as divorce court when trying to evaluate offers and proposals. The [...]
Collaborative divorce has been a statutory alternative in North Carolina for over ten years. However, this option, which aims to be a healthier process than court for couples going through divorce remains underutilized, and many members of the family bar continue to resist embracing the process as a valid alternative to more adversarial divorce. A [...]