What is a Subpoena? Subpoenas are documents that require a witness to appear in court or at a deposition to testify. A subpoena or subpoena duces tecum (rarely called by that name) may require a witness to provide documents or other evidence, in addition to requiring a witness to appear in court to testify. What if You […]
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How Do I Get My Name Off the Mortgage?
To answer this question, you must understand the basic definitions and differences between property ownership and liability for mortgage debt. These terms are easy to confuse because, very often, the same people who are joint owners are also liable for mortgage debt. Ownership: Deeds A deed is the document that most typically transfers ownership of real […]
How is Marital Property Valued?
In equitable distribution marital property cases, the court has a legal duty to identify assets and classify them as marital, separate, divisible or mixed assets (part marital and part separate). Parties are always free to stipulate or agree that assets have certain values, but if they cannot, the judge must make the decision on what […]
Retirement as Marital Property
Retirement benefits are often the most valuable asset a couple owns. Pensions are essentially promises to pay the employee when the time arrives, based on a formula calculated on the years of employment and other factors. A defined contribution plan, like an IRA or 401(k), is an actual account containing various investments. It has an […]
Are Credit Card Debts Marital?
In short, credit card debts can be marital, just as any other type of debt. In contrast with marital property, the law doesn’t assume a debt is marital just because it was incurred during the marriage. If a debt is marital, each party is equally responsible for it, although the court usually assigns it to […]
Financial Fault in North Carolina Property Division
Traditional marital fault, such as abandonment or adultery, does not matter when the judge divides marital assets in North Carolina. Generally speaking, equitable distribution of marital property is strictly a math calculation, similar to a business transaction. There is a very strong policy for the courts to divide the marital estate equally unless there is some special […]
Separate Property in a Nutshell
NC Gen. Stat. §50-20 defines marital property and separate property for purposes of equitable distribution, the division of marital assets in North Carolina. Marital property is generally property either of you acquire during the time you are married and live together, so long as the property exists when you separate. There are certain distinctions concerning […]
Going Through Your Case with a Fine Tooth Comb: Appeals in North Carolina
Judges sometimes make a ruling the day of court, perhaps after a child custody case. Other times, they take the case “under advisement” which means the judge is not prepared to make a ruling in court. Instead, the judge will consider testimony given by the witnesses, and sift through stacks of evidence and notes. Then, […]
How Long Will My Case Take?
The time it takes depends on several factors, including which attorney your ex hires, how ready you are (or the other person is) to get the case resolved, and of course, how many things are disputed. People’s emotions can come into play as well, especially if one person wanted to separate, but not the other […]
We’re Splitting Up: What About the Pets?
Like many people, I have a cat. Okay, maybe I have a couple of cats. They sleep most of the time but they are warm and fuzzy and do something that makes me laugh on a daily basis. They are both orange and I have a habit of referring to them as the twins. Today, […]