It’s quite common for those entering the divorce process to misunderstand some basic vocabulary surrounding the subject. And understandably so, as it can all be a bit puzzling. One area of divorce law that causes some confusion at the outset concerns differences between “separation” and “divorce.” The two are distinct terms and have significant legal import, the more important of which, in many respects, is “separation.” Most spouses beginning the transition of splitting up f

The following is a brief outline of steps to take when beginning the process of divorce and separation. There are several legal categories to be aware of when surveying the entirety of such an undertaking: (1) equitable distribution or dividing the marital estate, (2) spousal support and alimony, (3) child custody, and (4) child support. In essence, consider your divorce as comprised of these four pillars, each of which likely relates to the other. Equitable Distribution: Equ

Do you think your spouse owes you alimony? Maybe the court will agree (or perhaps your spouse will agree if it means a clean, less-expensive breakup). As the prospective recipient of alimony, though, be mindful of your love-life once everyone has signed the dotted line on the separation agreement. When drafting a separation agreement that includes provisions for alimony, it’s important to note that “statute trumps agreement.” In other words, just because you agree to somethin

Now that the Supreme Court has upheld several circuit court decisions permitting gay marriage, same sex couples can breathe freely knowing their marriage rights in North Carolina cannot be revoked. The legal protections accompanying this landmark ruling are vast. One set of rights many may not have yet considered relates to our state’s family law statutes. A number of same-sex couples have lived together for many years, never expecting the state to sanction their unions. Duri