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Raleigh Family Law Blog

What to do with the marital home in a divorce

Your home is likely the largest asset you have. It can also hold immense emotional and sentimental value. As such, the marital home is often one of the most complex pieces of property parties must address in a divorce.

Before you make any decisions about keeping or selling the home, it is important to consider the realities of each option.

Tips for navigating the holidays after divorce

If you recently ended a marriage, the holidays can be a particularly difficult time of year. While it will get easier over time, there are challenges and hardships with which any person might struggle.

However, there are ways to make the holidays a little easier after divorce. Below are some suggestions.

Establishing paternity as an unmarried father

In North Carolina, an unmarried mother has sole legal and physical custody of a child when the child is born. Even if the unmarried mother and father are together, the man has no legal rights over the child without establishing paternity. An unmarried father will have to establish paternity if he wants custody or visitation time with the child.

An unmarried father can establish legal paternity any time before the child is 18 years old. Unless he plans to marry the mother of the child, a man will have to sign an Affidavit of Parentage or file a Complaint to Establish Paternity in court to establish paternity of the child.

Getting through the holidays after a divorce

Even if your divorce was amicable, the holidays can be a hard time of year. With an influx of family photos on social media and an engagement ring commercial every five minutes, it can be tough.

This doesn't mean you should dread the holidays. Far from it. It just means you may need to practice some self-care to start loving the season again. By taking these steps, you can get your holidays back:

Building a solid foundation for co-parenting with a plan

Making the transition from being married to being divorced and potentially on your own is not easy, especially for parents. However, many parents strive to ease that transition by committing to working together to raise their children, even after divorce.

While this can be a challenge, it is certainly not impossible. Many separated parents are able to do this because they have a solid parenting plan in place.

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3 reasons to re-think informal modifications to a custody order

Parents who share custody of a child know that flexibility can be crucial from time to time. There might be last-minute changes to a pick-up schedule or an isolated instance where parents agree to extend one person's parenting time for a week. Being flexible can be in everyone's best interest and keep a co-parenting arrangement amicable.

However, there is a difference between being flexible and making informal modifications to a custody order. While flexibility can be unavoidable and may be beneficial, informally modifying a court order can be detrimental to an arrangement. Below, we explain why.

Challenges grandparents face when seeking custody of a grandchild

Becoming a grandparent can be one of the most wonderful events in a person's life. Grandparents are often the people who spoil grandkids and take every opportunity to dote on them.

However, millions of grandparents are stepping into far more active roles with their grandchildren. Grandparents are parenting them and raising them when a child's parent is gone or unfit.

Will you have to pay alimony after a divorce?

You worked hard to reach this place in your career. Along with your title, you are also finally earning a good wage for your work. Now that you are going through a divorce, you do not want all your hard-earned money to go to your soon-to-be ex.

In North Carolina, a dependent spouse is eligible for alimony. However, a spouse who makes less money is not automatically "dependent" within the meaning of the law.

3 different approaches to mediation

Every divorce is different. Each involves different people who have unique goals, priorities and fears that will have an impact on the approach and trajectory of the divorce process. As such, it is important to understand that there are different ways to resolve divorce-related matters.

Broadly, this means options like litigation, mediation or arbitration. However, even within these different types of divorces, there are varying strategies and solutions. For instance, if you opt for mediation, there are different types of mediation to consider.

Why categorizing property during divorce can be so difficult

Throughout a marriage, the majority of the assets and debts either spouse accumulates typically belong to both parties. These assets and debts are usually considered to be marital property, and it is the property spouses will divide if the marriage ends in divorce.

However, individuals might also have or acquire separate property before and during the marriage. This property is generally not eligible for division upon divorce. While this distinction may seem straightforward in theory, there are complications that can arise when it comes to categorizing property in a North Carolina divorce.

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