Louis C.K. Approach to Divorce - David Herring
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Divorce Blahhhging - David Herring
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Gay Marriage - David Herring
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Tools of the Trade - David Herring
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The Peacemaker and the Pugilist - David Herring
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Divorce and the Separate-and-Apart Requirement (Part I)

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 focus their attention on the end goal, namely, legal divorce. Many even understand the twofold prerequisites of a divorce in North Carolina: (1) one-year separation and (2) residing in the state for at least six months. W

Divorce and Separation Checklist

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: Equitable distribution is, in sum, simply a way to divide marital assets and debts. To gain a complete overview of your estate, begin compiling a list of all debts and assets. This should include a list of all real estate,

Alimony Terminated

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 something in a separation agreement doesn’t mean it will stand under the scrutiny of the law once your love-life heats up post-split. After multiple appeals (and who knows how much attorney fees), the North Carolina Supreme Cour

Gay Marriage Post-Obergefell

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. During those years when legal marriage was not an option, many had commitment services or took vows in another state only to have their rights remain unrecognized by North Carolina law. Even in the wake of the Windsor decisi

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The Law Firm of David Christopher Herring, PLLC, is LGBT friendly.

Disclaimer: The information contained in this website has been prepared by the Law Firm of David Christopher Herring, PLLC. The website and its blog are intended for informational purposes only and are not, in any way, considered legal advice.

Charlotte Divorce Lawyer and Mediator

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