Prenuptial agreements, often called “prenups,” are becoming a more familiar part of modern marriages. Once thought of as a precaution only for the wealthy and powerful, Americans are getting prenups now more than ever. Recent statistics reveal that 15% of marriages now include a prenuptial agreement, reflecting a 3% increase over the past decade. This…
Dating and intimate relationships create some questions for people who are separated but not yet legally divorced. How do you navigate such a tricky situation? From a legal standpoint, there are two things you need to consider. First, what does “separated” mean? North Carolina requires that spouses live “separate and apart from each other” with…
In Divorce, Explained, there were 5 typical claims discussed: (1) child custody; (2) child support; (3) spousal support (e.g., postseparation support and alimony); (4) equitable distribution (i.e., distribution of marital assets and debts); and then (5) divorce. Here, child custody basics will be addressed along with mediation and attorney’s fees related to custody. TYPES OF CUSTODY…
Can I make my ex take a drug or alcohol test? High conflict child custody actions typically involve each parent cataloging each other’s every bad deed and presenting it to the Court in hopes of obtaining a favorable outcome in litigation. Often, those bad deeds consist of, or are associated with, drug and alcohol abuse.…
During these uncertain times of dealing with a health crisis in our country, it is now more important than ever to have an estate plan. An estate plan is more than just a Will, and should include a Health Care Power of Attorney, Living Will, Durable Power of Attorney, and other estate planning documents. By…
The Mecklenburg County Stay-at-Home order for county residents went into effect on March 26, 2020 and the State of North Carolina executive Order went into effect on March 30, 2020. While the stay-at-home orders are meant to address the public health crisis of COVID-19, it also leaves many vulnerable to abuse. Headlines in local and…
Due to the current coronavirus pandemic, Mecklenburg County issued a stay at home order that went into effect on March 26, 2020, which includes all of Charlotte and other towns in the County. Governor Cooper followed suit shortly thereafter and issued a state wide Executive Order affecting all of North Carolina that remains in place through April…
As stay-at-home orders are being implemented and unemployment increases during the COVID-19 pandemic, acts of domestic violence are increasing as victims of domestic violence may be forced to stay home with their abusers for days or weeks at a time. In addition to increased daily contact, factors such as financial and health related stress, are…
In North Carolina, changing your last name contemporaneously with getting a divorce is easier than you might think. Though the process can be paper intensive, an experienced family law attorney, like those at Dozer Miller, can easily assist you in changing your last name as part of the divorce process. The easiest and most straightforward…
In a previous blog post, I briefly discussed what being “separated” means in North Carolina in describing what dating and sex look like after separation. I explained that North Carolina requires spouses to live ‘separate and apart from each other’ with at least one of them intending to end the marriage. Where you live makes a difference.…
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