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Greenville Family Law Blog

You can fight for your child after a parental abduction

If you're losing sleep over the fear that your child could be taken away by his or her other parent, then you need to look into your legal options. If you have evidence that the other parent isn't returning your child on time or is violating court orders, there may be options for you to prevent that parent from having visitations without you or others present. If the worst does come to pass, there are still some things you can do to bring your child home and prevent a recurrence in the future.

What can you do if a parent abducts a child?

Do children choose which parent to live with?

As someone going through a divorce with children involved, you know what you think is best for their futures. Maybe you know that 50/50 custody will work, or you believe it's in your children's best interest to live with you or your spouse due to the school district or other benefits. One important question that many people ask is if a child actually has the right to choose who to live with, and if so, can they override that right?

Surprisingly, minors do not have the right to choose. Minors are not given the legal right to decide on their own which parent they want to live with. Of course, the older they become, the more likely it is that their opinions will be weighed more heavily in court.

You can get help with divorce through mediation sessions

Divorce mediation might be right for you if you and your spouse are having a disagreement but can work together to get past it. Mediation can help you work through struggles with communication, so you can negotiate without standstills. Mediation helps with child custody, child support, alimony, property division and other factors of your divorce.

What does the mediator do during a session?

Commonly asked questions about divorce

Divorces come with many questions. Who will get the home you live in? What happens to your children or pets? How can you move forward with your divorce as quickly as possible? Here are a few questions and answers that may help.

How long do you have to separate before a divorce?

Is a separation agreement a good idea?

When you are considering a divorce or plan to move out of your marital home, one thing you may want to do is to create a separation agreement. It's helpful to create this agreement ahead of your divorce if you and your spouse can get along and work together to do so, since it can save you time and energy later on. Your separation length may vary before your divorce, so this agreement may benefit you in the short term while you decide how to divide assets and take care of debts.

What is a separation agreement?

Enforcing child support and other orders in the military

If you're in the military, you may have a few questions about how to collect child support or to enforce other agreements with your child's other parent. Here are some commonly asked questions and answers.

How can you collect child support that was designated in a divorce decree?

What are some benefits of getting married?

There are a few things you already know about marriage. If you get married, you might be able to share the same last name, you'll avoid paying child support for a child you and your wife or husband had when you weren't married, and you gain some tax benefits, too. There are some other benefits to marriage you may not have considered, though, that your attorney can walk you through.

For instance, if you're married and a spouse passes away, then the spouse's IRA can be roll over to the other spouse's IRA, boosting that person's potential retirement income. If you aren't married, then you will have to start taking the distributions right away, which may not be to your benefit in the long term. On the topic of an IRA, you can also contribute to a spouse's IRA if you are married.

What a divorce can do for you in North Carolina

What can a divorce do for you? It can help you split up from a spouse who you no longer want to be in a relationship with and give you legal separation from that person.

A divorce can help you with property division, which must be determined before the divorce can be completed. If you and your spouse can't decide on how to split your property, then the court can do this for you. In some states, a division of property will be 50/50, but in North Carolina, your property will be divided equitably. That means that it is divided as fairly as possible. The division of your assets may not be predictable, which is why it's important to work with your attorney to negotiate a settlement before heading to court.

Gray divorces and your needs as an older woman

A gray divorce, which is the nickname for one that takes place over the age of 50, can be particularly traumatic for those involved. They also make a serious financial impact on the people in the relationship; generally, it's women who suffer to greater extents.

Why? Women who left the workforce or who were in the workforce but earned less than men are in a precarious position; they actually need more money, because women tend to live longer than men, but they have had fewer chances to earn it or may not be as financially stable as their husbands. That can lead to a number of problems when divorce arises; a woman may now need to focus on getting her fair share of compensation from the marriage when the man may not feel she contributed financially as much as he did. He may offer to settle quickly to dissuade this, but think carefully.

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Greenville, NC 27858

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Fax: 252-757-3563

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