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Helpful Tips in Preparing Your Post-Divorce Tax Return

In Separation & Divorce, Wealth by Christopher R. Hicks

When you get divorced, one of the absolute last things you want to think about is your taxes. Nevertheless, you know that you are legally required to file a tax return, and many people rely on a tax refund as additional financial cushion each year. Unfortunately, many Americans have been shocked this year by far lower tax refunds than they are accustomed to. This is due to significant changes in tax laws that have taken effect for 2018 tax returns and moving forward. If you have recently divorced or are going to finalize your divorce this year, there are big changes that you should be aware of for preparing your post-divorce tax return. Alimony Tax Implications Have Changed In the past, one of the more palatable features of paying alimony …

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Finding a Mental Health Provider

In Health, Separation & Divorce by Elizabeth Stephenson

Coping with the stress, anxiety, loss, sadness, and anger that come with the end of a marriage is a lot for anyone to handle. No matter how strong you are, or how you have faced prior adversity, there is no telling what emotional impact a divorce can have until you are actually staring it in the face. Mental health counselors exist for a reason. Contrary to outdated stigmas regarding therapy and psychological help, it is incredibly common for people to seek help when they need it. In fact, it takes strength to ask for help. This strength directly benefits you and your ability to find the tools to move forward. It helps your children, as they look to you for guidance and leadership. Therefore, we encourage you to seek a …

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Preparing Your Equitable Distribution Inventory

In Separation & Divorce, Wealth by Sarah Hink

When a couple ends their marriage, they must undergo the important process of dividing their property before they can move forward into their separate futures. In North Carolina, this process is conducted by equitable distribution, which involves the court dividing the fair market value of all marital property between the spouses. This process can be a legitimate tug-of-war with each spouse operating under a sincere belief that they are entitled to more property than the other. Because there is so much at stake, it is critical to seek the advice of an experienced family law attorney when it comes to equitable distribution. An attorney can help you with taking the necessary steps to preserve your legal rights, to properly classify property, and to use accepted methods to appraise property—all so …

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Is Trial Worth It?

In Child Custody, Separation & Divorce by Carly Baker

Contrary to what many people believe, divorcing couples rarely end up going to trial to resolve their legal issues. In fact, in the vast majority of cases, issues like child custody, child support, equitable distribution, and alimony are settled between divorcing spouses in the conference room of an attorney or mediator’s office rather than in a courtroom. This is because despite the intense emotions that arise around these issues, attorneys will give their clients a realistic answer to the question: Is trial worth it? If the primary reason that a client wants to take his or her case to court is angerjustice, or vengeance, then the answer is no, trial is not worth it. This is true for a multitude of reasons, including: Going to court is expensive. In addition …

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The Legal Impacts of Reconciliation

In Separation & Divorce by Sarah Hink

North Carolina is an absolute divorce state, which is a no-fault form of divorce. To obtain a divorce, a spouse needs to demonstrate that the couple has been separated for no less than one year. This means that a couple must live “separate and apart” from each other for one uninterrupted year before either spouse can file a petition seeking the dissolution of their marriage. A lot can happen in a year, especially when it comes to ending a marriage. The decision is a big deal and can be really confusing to process. Some people change their minds and try to work it out again or even rekindle their intimacy while still intending to divorce. It is therefore important to understand what constitutes reconciliation and how it can impact your …

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Raising a Defense Against False Allegations

In Child Custody, Separation & Divorce by Carly Baker

Divorce and child custody disputes are among the most passion-inducing legal issues that civil attorneys face. Sometimes, in the heat of the situation and with a desire to win at all costs, we see people make bad decisions. One of those decisions is to make false allegations against the other party. Whether these allegations involve domestic violence, infidelity, fraud, or child abuse, it can all be incredibly damaging. While North Carolina is an absolute divorce state—which is a no-fault method of divorce—there are several areas in which misconduct can still play a role in the court’s decision-making process: Protective order—a spouse can get a domestic violence protective order against the other spouse, which can restrain the allegedly violent spouse from the home and the children. Divorce from Bed and Board—a …

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Frequently Asked Questions: Equitable Distribution

In Separation & Divorce by Elizabeth Stephenson

When it comes to the end of a marriage, couples have to find a resolution about their children and their money. Naturally, these issues can be sources of incredible tension and conflict. If you are considering a divorce, then it is of great importance that you take an informed, smart approach before agreeing to anything. Otherwise, you may be leaving a considerable amount of money on the table or waiving important legal rights. Therefore, we recommend that you contact an attorney and review some of our most frequently asked questions. What Property Will I Get When I Divorce?  The answer essentially depends on when the property was acquired. If it was acquired or earned prior to your date of marriage, then you will likely take it with you when your …

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Avoiding Costly Mistakes When You Divorce

In Separation & Divorce by Carly Baker

The end of a marriage is a major life event that can completely rattle the strongest people. It is therefore natural that people in the midst of a separation may make decisions and say things they normally wouldn’t say. Anger and sadness are incredibly powerful emotions that can overtake the frontal lobe of our brains, leading to poor and impulsive choices. To put it mildly, these bad decisions can be costly when it comes to a divorce. If you are considering separating from your spouse, or if you are already separated and headed for divorce, these are some of the critical mistakes to avoid. Engaging in harassment, stalking, or domestic violence against your spouse. These actions can result in arrests, protective orders, criminal charges, and criminal convictions—which comes at the …

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Is it Possible to Get Attorney’s Fees For Divorce Proceedings?

In Child Custody, Child Support, Separation & Divorce by Elizabeth Stephenson

It is exceedingly common for a financial imbalance to exist between couples that are divorcing. This can lead to fundamentally unfair situations where the spouse with greater resources can afford to retain an attorney while the other spouse cannot. This can create inequitable outcomes to critical legal issues like child custody, property division, alimony, and child support. To address this imbalance and to offer both sides an opportunity to a just resolution, the legislature has made it possible for a dependent spouse to obtain attorneys fees in certain situations. Post-Separation Support and Alimony — The North Carolina legislature has given the court the discretion to award attorneys fees in alimony and post-separation support suits. This makes logical sense as a spouse who is financially dependent on the other spouse probably …

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When is an Alimony Claim Barred?

In Separation & Divorce by Carly Baker

Alimony. One simple word can ignite passions rarely seen in other areas of the law. This can be attributed to the fact that North Carolina is an “absolute divorce” state, which does not consider the element of fault when legally severing a marriage. As a result, a couple’s opportunity to have their “day in court” and establish who misbehaved during the marriage generally comes in the context of a lawsuit for alimony. Like any great drama, alimony can encompass issues like infidelity, marital misconduct, a couple’s standard of living, and money. However, before a court can hear any of this evidence, parties will provide evidence as to the threshold questions of whether the spouse requesting alimony is entitled to it, or whether that spouse is barred from receiving alimony payments. …