Articles Tagged with ballantyne

2-1024x1024Types of Marital Contracts

Whether you are planning your marriage or have made the decision to separate and divorce, you need to put the terms into a formal agreement. Marital agreements are contracts between a married couple. In North Carolina, there are four main types of marital agreements or contracts. These include prenuptial, postnuptial, separation, and settlement agreements. Each type of agreement has a specific use and is best made with help from a knowledgeable family law attorney.

Prenuptial Agreement

1Can You Renegotiate a Prenuptial Agreement?

Not all marriages survive the test of time. While you never get married with the intent to divorce, it is best to prepare. A prenuptial agreement can protect you and your spouse and make life easier in case your union comes to an end. Prenuptial agreements are not just for the wealthy or for celebrities. They are actually useful legal documents that can make uncoupling easier and less stressful for everyone. If you have a prenuptial agreement in place you may wonder whether you can renegotiate it after you are married.

What is a Prenuptial Agreement?

12What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

Child-SupportWhen Does Child Support End?

Going through a divorce can be a difficult event for a family. Parents need to be particularly careful when there are children involved. Parents typically share parenting responsibilities, and the non-custodial parent usually pays child support. Child support is necessary to ensure the health and well-being of young children who are under the age of 18. Both parents have an obligation to provide for the welfare of their children. A child support order is a court document that requires a parent to provide money for a child, often as part of a divorce. A knowledgeable family law attorney will help guide the divorce process.

What is Child Support?

Contested-DivorceHow Long Does a Contested Divorce Take?

Going through a divorce can be difficult, but it may be much more challenging when one party contests the divorce. When that happens, the divorce process becomes more lengthy, and it can extend how long it takes to complete the process. In North Carolina, couples must be separated for a period of at least a year before they can move forward with a divorce. Although a couple resides apart, one party may not agree with the divorce or with some of the settlement terms. An experienced North Carolina divorce attorney will help guide the process and assist in resolving disputes.

What is a Contested Divorce?

House-DivorceWhat Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

Dad-RightsWhat are a Fatherā€™s Rights in North Carolina?

A child has two biological parents, and both often play important roles in their life. Although a mother gives birth, both the mother and father have rights and responsibilities. Generally, both parents are allowed to spend time with their children. One parent typically has physical custody of the child, while the other has regular visitation. Both parents often share legal custody that allows them to make important decisions for their child regarding health, education, religion, and more. An experienced family law attorney will help protect your parental rights.

Can a Father Get Custody?

4What are the Requirements for Divorce in North Carolina?

Marriages do not always last forever. Although you and your spouse began your marriage with the intention of a lifelong union, people and circumstances change, and you may decide to end your marriage. There are many issues that you must settle as part of a divorce. Before you can begin the process, you need to understand the requirements and make sure that you meet the criteria set forth by North Carolina law to dissolve your marriage.

Absolute Divorce in North Carolina

8Which Parent Claims a Child on Taxes After Divorce?

Many legal issues will inevitably arise when a couple divorces, especially when they have children. When tax time comes around, both parents may wonder whether they can rightfully claim their child as a dependent on their income tax return. The answer may not always be simple, and it may vary from couple to couple. If you are unsure about how to file your taxes, it can be helpful to seek answers from a qualified family law attorney.

Custodial Parent Typically Claims Dependent

3How Do I Divorce a Spouse Who Lives in Another State?

The decision to divorce often comes after a long period of discord or discontent. In North Carolina, couples can file for a no-fault divorce based on irreconcilable differences. Couples are required to live apart for a period of at least one year before they can seek an absolute divorce in North Carolina. In some cases, one or both parties may move out of the area where they originally resided. When this happens, it can complicate the divorce process. If you are seeking a divorce from a partner who lives out of state, it is helpful to seek guidance from an experienced North Carolina divorce attorney.

Residency and Jurisdiction

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