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Raleigh Divorce Law Blog

Using a financial affidavit for your case in North Carolina

If you're going through a divorce, then you're already in the throes of the legal process. You're baring your financials to the courts, and this is something every divorcing couple has to go through. Your finances are about to be scrutinized and questioned, but what actually needs to happen?

There is a legal process that has a specific format for providing your financial information to the court. You will have to fill out something called a financial affidavit. In general, this document lists everything you own along with everything you owe in distinct detail. The document also shows what you earn and how you spend it.

Courts increasingly ask: Is shared child custody best outcome?

North Carolina courts attempt to make child custody decisions according to “the best interests of the child.” But what does this mean practically? Moreover, who gets to decide what a child’s best interests are? Two parents who both love and want what is best for their children may fundamentally disagree on the answers to these questions.

An opinion piece that originally appeared in the Washington Post discusses one of the latest legal trends in family law: The presumption of shared custody. Although more and more states are taking this approach, law professor J. Herbie DiFonzo argues that presumption of shared custody should be a guiding principle but not a practice that is written into law.

The role of prenuptial agreements in protecting family farms

Farming is perhaps the original family business. And in North Carolina, farming is a huge source of state revenue. According to the state Department of Agriculture, the agricultural industry “contributes $78 billion to the state's economy, accounts for more than 17 percent of the state's income, and employs 16 percent of the work force.”

Any family-owned business is something that definitely needs protection in the event of divorce. Perhaps the best way to achieve this protection is with a prenuptial agreement. This document sets clear expectations from the beginning of the marriage about each spouse’s role in and ownership of the business. A prenup may be especially important in a farming family.

Maintaining privacy during a high-asset divorce: Part II

Earlier this week, we began a discussion about maintaining privacy during divorce. Celebrities, politicians and couples with significant wealth generally want to keep their private lives private, including the details of their divorce. In order to do so, many of these couples pursue confidential settlement agreements. This option is available to anyone, famous or not.

In order to maintain privacy and confidentiality in divorce, it is also important to examine your approach to social media. Regardless of whether or not you signed a confidentiality agreement, social media could easily destroy what privacy you had. Moreover, use of social media could impact the outcome of the divorce itself.

Maintaining privacy during a high-asset divorce: Part I

We have previously written that high-asset divorces also tend to be high-profile. People of even modest wealth are often highly visible in their own communities. And in a world with 24-hour news and social media, it doesn’t take much time or effort for gossip to spread.

If you’re going through a divorce, the last thing you likely want is for every detail to become public knowledge. There are ways to keep your high-asset divorce relatively private, but it takes some planning. This week, we’ll discuss how you can maintain privacy through a confidential settlement agreement and by limiting your use of social media.

Estranged cohabitation during divorce: Can it work?

Our post earlier this week focused on the sometimes disconcerting housing shift that many people face after a divorce. After living in an owned home that was the marital residence, moving into a smaller home or an apartment can feel like a big step in the wrong direction. Although this transition is often required for financial or legal reasons, there are ways to cope and even thrive in a smaller, less-expensive living space.

In today's post, we'll discuss another uncomfortable housing situation that couples are often faced with when considering the end of their marriage. In many states, if you and your spouse have gone through legal separation or are otherwise in the process of doing so, you may nonetheless need to remain under the same roof until more permanent arrangements can be made. This estranged cohabitation can certainly work, but it is almost never easy.

Going back to renting a home after divorce can have its upsides

For some people, one of the unexpectedly difficult aspects of divorce is moving into a new living space. Assuming that one spouse or neither spouse will keep the marital residence after the marriage ends, this means that at least one spouse is looking for a new place to live.

In many cases, that space is smaller and may be rented instead of owned. The idea of moving from a home into an apartment can feel like sliding backwards. But should it feel this way?

Resolving financial conflict can often prevent divorce

It is no secret that couples will inevitably argue from time to time. While arguments about religion, child rearing and other major subjects can definitely cause a rift in the relationship, many couples really run into trouble when their arguments are about money.

The old adage that “opposites attract” may be true for some things, but couples with fundamentally different ideas about money might be at higher risk for divorce if their differences put them in conflict with one another. Research has shown that financial conflict is a strong predictor of divorce.

How to handle Halloween when you share child custody

Halloween is now just two days away. If you have children, you have no doubt had the upcoming holiday on your radar ever since costumes and candy started appearing in stores.

If you are currently going through a child custody dispute and parenting time needs to be split fairly evenly, Halloween is one of those holidays that can be difficult to negotiate. On one hand, it is a minor holiday with no vacation days from school. As such, it doesn’t seem worth it to advocate for custody during this time. On the other hand, Halloween creates great memories that most parents won’t want to miss. So what do you do?

Ready to divorce? What you can do if your spouse isn't on board

Although we often discuss the divorce process already in progress, some people run into snags just trying to get started. Namely, what do you do when you are ready to get a divorce but your spouse is not on the same page?

This can be a difficult situation to be in - for both spouses. And while you may eventually need to get your attorney involved just to begin the process, starting the divorce this way can set an adversarial tone. As such, there are some things you may want to try first.

Firm founder Jonathan Breeden has earned his nickname of "The Bulldog." He takes a direct, straight ahead approach at resolving his client's family law, criminal law, and business related problems. He knows when it's in your best interests to negotiate a resolution or litigate your case in court.
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