News & Insights from Our Charlotte Divorce Attorneys

Blog Posts in 2015

  • Attorney Watts Wins Big in Court of Appeals

    Protecting the rights, and sometimes even the safety, of our clients is not only our duty here at Collins Family Law Group, but it is also our passion. Therefore, it is with great pride and honor that we announce that the Court of Appeals (COA) of North Carolina has recently issued a favorable ruling in Comstock v. Comstock , a complicated domestic violence appeal handled by Rebecca Watts . ...
    Continue Reading
  • Tax Consequences in a Divorce: Equitable Distribution, Alimony, and Children

    Taxes are an inevitable part of life. As such, they should be kept in mind when you are dealing with matters related to divorce. There are various tax consequences that result from claims related to divorce, such as alimony, child support, child custody , and equitable distribution. Equitable Distribution When property is divided between you and your spouse after separation, this is considered ...
    Continue Reading
  • Child Custody: Tips on What To Do

    During a custody dispute , your actions will be looked at very closely by the other parent (or that parent’s attorney). Here are some useful tips that you will want to consider when you are in a custody case: Keep the other parent involved in the children’s lives as much as possible by exchanging information with that parent regarding the children. This includes information about the children’s ...
    Continue Reading
  • Child Custody: Tips on What Not to Do

    When you find yourself in the middle of a custody dispute, you need to be careful to refrain from certain activities that may have a harmful effect on your case. The following are some common issues that the other parent (or that parent’s attorney) may use against you: Do not say bad things about the other parent (or the other parent’s family) within hearing distance of your child, even if the ...
    Continue Reading
  • The Basics of Domestic Violence

    An act of domestic violence may be addressed both in the criminal and civil courts. The criminal court is involved when the State of North Carolina, through the district attorney, brings criminal charges against the alleged abuser (most commonly for assault, communicating threats, or violating a domestic violence protective order). In the criminal context, the victim is a witness for the State, ...
    Continue Reading
  • Changing Your Surname After Divorce

    North Carolina General Statute Section 50-12 provides for ways to change your surname (last name) as a result of a divorce. There are two ways to do this: Requesting a change of surname in the complaint or answer for divorce, and the judge grants the name change as part of the divorce judgment; or Making application to the clerk of court in either the county where you live or the county where the ...
    Continue Reading
  • How to Obtain an Absolute Divorce in North Carolina

    When most people think of divorce, they are actually thinking of what is known in North Carolina as absolute divorce. Absolute divorce is when the bonds of matrimony are dissolved and this action is discussed in North Carolina General Statute Section 50-6 . The following is a brief explanation of how to obtain an absolute divorce in North Carolina. If you have any questions about the process, you ...
    Continue Reading
  • Mixed Reactions in North Carolina to the Legalization of Same-Sex Marriage

    Same-sex marriage was legalized in North Carolina less than a year before the Supreme Court ruling on June 26, 2015 extended this right to same-sex couples in all 50 states. Nevertheless, residents of North Carolina are still far from seeing eye to eye. Both supporters of the decision and those in opposition admitted that the fight over same-sex rights persists despite the landmark ruling. ...
    Continue Reading
  • Dividing Property: Will the Court Consider Alimony or Child Support?

    In determining how to divide your marital property (meaning assets and debts acquired during the marriage), the court will not take into consideration alimony or child support obligations related to your spouse; however, the court may consider support obligations arising from a prior marriage. Further, after property distribution has been decided, either you or your spouse may request that alimony ...
    Continue Reading
  • Equitable Distribution: Dividing Property

    Once you and your spouse separate, you may choose to divide your property by a separation agreement or by bringing a claim in court for equitable distribution (“ED”). There are two bars that will prevent you from pursuing an ED claim in court. First, an absolute divorce prevents an ED claim, unless the claim is pending at the time of the divorce. There are some very specific and rare exceptions to ...
    Continue Reading
  • Types of Property Involved in Property Distribution: Marital, Divisible, and Separate

    When the court divides property from a marriage pursuant to an equitable distribution claim, the court must first classify the property as either marital or separate property. Marital property is defined in North Carolina General Statute Section 50-20(b)(1) as all real and personal property (including debt) acquired by either spouse or both spouses during the course of the marriage and before the ...
    Continue Reading
  • Interference by Others in the Marriage: Alienation of Affection and Criminal Conversation

    When a person interferes with a married couple’s relationship, there may be grounds for a lawsuit against that person. This most often occurs when a spouse has an extramarital affair. There are two claims that a spouse may file against this person in North Carolina: alienation of affection and criminal conversation. Alienation of Affection North Carolina is one of only seven states that still ...
    Continue Reading
  • Your Ex-Spouse's Social Security Retirement or Disability Benefits

    After a divorce, you are entitled to receive benefits on your former spouse’s Social Security retirement or disability benefits, if you meet the following criteria: You are unmarried; You are age 62 or older; Your former spouse is entitled to Social Security retirement or disability benefits; and The benefit (if any) that you are entitled to receive based on your own work is less than the benefit ...
    Continue Reading
  • Termination of Parental Rights

    Sometimes circumstances exist where a parent seeks to terminate the parental rights of the other parent. When a parent’s rights are terminated by the court, the result is that the legal relationship between the parent and child is permanently severed. In other words, in the eyes of the law, the parent is no longer the child’s parent. This process begins with the filing of a petition by the parent ...
    Continue Reading
  • Divorces Spike at Year's Beginning

    The month of January, especially the first Monday of the New Year, is a very busy time for divorce lawyers. Known as Divorce Day in some legal circles, the first Monday often experiences a large increase in divorce filings for a variety of reasons. Typically, the divorce rates are known to increase for several months, peaking in early March. The phenomenon isn't just limited to the U.S., as the ...
    Continue Reading
Page 1 of 1