Can I change my ex’s visitation with our child if he fails to pay support?

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No!  While it may be very tempting to alter or terminate your former spouse’s visits with your child because you are frustrated that he or she isn’t paying the child support owed, you are not legally justified in withholding visitation. In the eyes of the law, child support and visitation are two separate considerations. The right to visitation is not …

Will my spouse’s cheating affect the division of our property during divorce?

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No, adultery is not typically a factor in the division of marital property through equitable distribution.  The exception to this general rule is when the marital misconduct has an adverse effect on the economic health of the marital estate.  The presumption of a 50/50 split is viewed as the most fair and equitable means of distributing marital property at divorce. …

How do courts determine who gets custody of children in a divorce?

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If the parents cannot agree on custody and visitation arrangements for their child, the courts decide custody based on “the best interests of the child.”  Focusing on the child’s best interests means that all custody and visitation decisions are made with the ultimate goal of fostering the child’s happiness, safety and security, mental and physical health, and emotional development through …

Can I date during my separation?

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While there is nothing illegal or wrong about dating once you are formally separated from your spouse, there are several problems that may arise and you should take precautions before dating during your separation.   You must be separated from your spouse before you start dating. North Carolina law does not require that you file anything to be legally separated. …

Child Support Guideline Models by State

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We think you may find this article explaining child support guideline models helpful… By NCSL “States generally use one of three models to determine the base child support amount due: The Income Shares Model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. …

Using Surveillance for Divorce and Infidelity Cases

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We think you may find this article discussing the use of surveillance in divorce cases interesting… By HG.org “One common reason why private investigators are contacted is to confirm whether or not a spouse or partner is cheating. This information can be used for a number of reasons in Family Law.  Reasons to Hire a Private Investigator for Infidelity Cases …

Frozen Pre-embryos: Life or Martial Property?

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We think you may find this article interesting… By Katie Mettler  Divorced St. Louis County couple’s frozen embryos are property, not humans, appellate court rules Justin Gadberry and Jalesia McQueen will have joint custody of the embryos but neither can use them without consent of the other. In the fall of 2005, Jalesia McQueen’s then-husband, Justin Gadberry, was deployed to …

What Happens to Debt in a Divorce?

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Check out this interesting article on handling debt during the divorce process… By Wolfe & Stec “You can divorce your spouse, but it may not be so easy to divorce yourself from the debt that you built together during your marriage.  Americans tend to run up lots of household debt. Debt.org claims that the average American household has over $15,000 …

Forget the Prenup: Why You May Need a Postnuptial Agreement

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We think you may find this article regarding postnuptial agreements helpful… By AJ Smith, Credit.com “Getting married is exciting. But in between the bouquet, dress and venue choices, it’s important to remember that it has some serious financial ramifications. Some couples like to keep their money completely separate while others are comfortable combining all funds. No matter your and your …

Revising Your Estate Plan After Divorce

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After a divorce it is important to revisit your estate plan. If you don’t update you will, trusts, and beneficiary selections, your former spouse could still inherit your assets. We think you may find this article with guidance on revising your estate plan after a divorce helpful… By Mary Randolph “If you’re going through the emotional and financial turmoil of …