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Raleigh Divorce Law Blog

What can and cannot be in a premarital agreement

Society’s view of the premarital agreement is changing. For many years, the prenup was either joked about or spoken of only in hushed tones. Increasingly however, Americans are realizing a premarital agreement can be an effective way to protect personal assets in the event of a separation and help both partners feel secure in the financial implications of their decision to marry. In fact, matrimonial lawyers have noted an increase in couples interested in premarital agreements, according to a CNBC report.

There are limits to what a premarital agreement can include, dictated in part by North Carolina law. Here is an overview of what couples can – and cannot – place in a prenuptial agreement.

Digital Decoupling

Facebook has found its way into every aspect of its users' lives. What once was glimpses into daily happenings have become intrusions that are largely self-inflicted. Facebook "friends" can watch along as someone who is single meets someone, eventually gets married, and builds a family.

Pictures and videos soon follow of the proposal, wedding, and even a baby's first steps.

Stipulations you can consider for your parenting plan

When divorcing parents take the time to work together and develop a realistic custody agreement or parenting plan that meets their family's needs, it can make navigating the post-divorce family life much easier.

A basic custody agreement or parenting plan generally includes the specific parenting schedule and calendar that can help parents determine exactly when they have the kids. It is also common for plans to include an outline of each parent's responsibilities for transporting the children, as well as dates and times of the children's health care appointments, school events and extra-curricular activities.

Is social media to blame for your marital problems?

Like the majority of Americans, you and your spouse likely have multiple social media accounts. This can include Twitter, Facebook, Instagram, Pinterest and Snapchat. Although maintaining a presence on social media might seem harmless, your marriage might suffer as a result.

The surprising benefits of forgiveness after divorce

Thinking about forgiving an ex-spouse can seem impossible during the divorce and might be the last thing someone wants to do.

This is completely understandable, but if an individual has difficulty forgiving an ex-spouse, they may be doing themselves harm.

Remember: Co-parenting is not a competition

It is common for parents to grow increasingly competitive with each other after their divorce. A divorce can be emotionally stressful for the whole family, and it is natural for parents to feel like they must make it up to their children somehow. 

This feeling--plus the emotional insecurity that parents often develop when determining child custody--often contributes to parental competition after divorce. This competition might be common, but it is critical for parents to avoid it and the potential consequences it could have on their family.

Helpful tips for negotiating alimony payments

Alimony and Spousal Support are among the most disputed issues during the divorce process. Although not every case will involve these issues, when alimony and spousal support are involved, it is generally an area of conflict and tension.

Even with the various factors that help determine alimony and spousal support, it can be difficult to estimate an amount and negotiate these issues. Here are some tips to guide individuals through an alimony negotiation.

Do's and don'ts: Talking to your child after divorce

The legal process of a divorce is to help spouses end their relationship as smoothly as possible. However, the last thing that either spouse wants is for their relationship with their children to dissipate as well. Divorce is difficult for both parents and children and it can cause strain in a family's relationships.

Here are some important tips for North Carolina parents on how to communicate with their children after divorce:

Financial Considerations for Couples Divorcing Near Retirement

The rate of divorce among adults over 50 has skyrocketed over the last twenty-five years, rising by 109%, according to the Pew Research Center. Whether it is due to increased financial independence for women or longer, healthier lives due to better healthcare, it seems this trend is unlikely to go away.

In some ways, divorce is easier for older couples because they are far less likely to encounter issues of child custody and child support. However, in longer marriages there are often significant financial implications to be aware of when considering separation and divorce. 

Should you keep the marital residence after divorce?

house-2492054_1280.pngWhen going through a divorce and dealing with property division, one of the most difficult things to deal with can be the marital residence. How this asset is handled varies from couple to couple. Some couples choose to sell it and split the net proceeds.Others choose to have one spouse keep the home and buy out the other spouse's share. Some couples leave it to one spouse and compensate the other spouse with different assets equal to his or her share in the property.

Often, one spouse really wants to keep the marital residence because it has sentimental value or because they believe it will minimize the disruption that their children will face after the divorce. If you're of this mindset, there are numerous factors to consider before deciding to hold onto the house in divorce.

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