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Raleigh Divorce Law Blog

Without specific laws, pet custody disputes remain a gamble

We have previously written about an emerging area of family law that is a cross between property division and custody. There are, however, few laws (if any) governing how disputes should be resolved. The issue is pet custody.

Dogs and cats are much more than just pets to many American families. It makes sense, then, that couples have a hard time with the idea of leaving a pet to one spouse or the other. Unfortunately, however, the law treats pets as property. As such, they are not protected by protocols like those governing child custody. So what can you do if you and your spouse are getting a divorce and have a dispute about who keeps the pet?

Even positive life changes can put strain on a marriage

When a couple gets married, each spouse marries the other as the person they are at that time. In some ways, this agreement is a long-term gamble. We all change in some ways, because change is inevitable. The wager is whether you and your spouse will still want to be together despite whatever changes occur.

Even if the changes that occur are quite positive, they can still have surprisingly negative impacts on the marriage. As just one example, one spouse’s significant weight loss can actually be a major marital stressor. In some cases, it can even lead to divorce.

High-asset divorce could hinge on paperwork technicality

There have been numerous stories about the underhanded tricks some spouses are willing to use in divorce. Such tactics are especially likely in cases where a lot of money is at stake.

How would you feel, for instance, if your spouse of 20 years told the court that you could not get divorced because, technically speaking, you were never actually married? This is the headache that one woman is currently facing in a high-profile, high-asset divorce from her husband and the father of her children.

Doing divorce right means investing time & careful consideration

Our post earlier this week cautioned couples against getting tempted by gimmicky divorce trends, including the idea of a “divorce hotel” where couples essentially mediate their divorce over the course of a three-day weekend.

With something as complicated as divorce, trying to complete all steps in back-to-back marathon sessions almost guarantees that mistakes will be made and important details will be overlooked. A recent article that appeared on the Huffington Post website provides some good examples of common divorce mistakes that can lead to serious long-term consequences.

Why couples should be wary of gimmicky divorce trends

For as long as it has been around, reality television has never truly been an accurate reflection of reality – at least not the reality that most of us experience. But as reality shows become more and more gimmicky and provocative, a cultural change is starting to occur. Viewers are actually starting to imitate the content of these shows rather than vice versa.

Doing things the reality-television way is usually not a good idea. And a new reality show making its way to the U.S. seems to be no exception. The show, called “Divorce Hotel,” promises that couples can check into a hotel married and check out divorced. Their divorce is mediated over the course of a long weekend.

Prenuptial agreements don't always hold up to legal challenges

A prenuptial agreement can be a great way to protect yourself and your assets in the event of a divorce. More couples are recognizing the value of these documents as divorce rates remain high across the United States.

It is commonly understood that a prenuptial agreement discussion with your betrothed needs to be approached carefully in order to avoid hurt feelings and a potential rift in the relationship. But not everyone realizes that the drafting and signing of the document needs to be handled with even greater thoughtfulness and consideration. Otherwise, the agreement may not be enforceable if challenged in court.

The new 'typical' American family? There isn't one

When you were growing up, did you ever worry that your family wasn’t “normal?” As an adult, do you sometimes wonder if you are giving your kids the “typical” family experience? Most of us have thoughts like this at one point or another. We tend to compare our own situations to an archetype of what we perceive that a family should be.

If you feel like your family doesn’t meet the standard of “typical,” Here’s some good news: Typical families no longer exist. That’s according to one sociologist’s recently published study entitled “The Family: Diversity, Inequality, and Social Change.”

Billionaire's divorce settlement hinges on marital asset questions

Like many states, North Carolina has laws that call for “equitable distribution” of both assets and debts during a divorce. It’s important to note that equitable doesn't necessarily mean that the split will be 50-50.

Before property can be divided between spouses, an inventory is necessary to determine which property is separate and which is considered marital property. This isn't always an easy determination to make, but the way in which certain assets are classified can make a huge difference in the outcome of the divorce settlement.

How divorced parents can help their kids get back to school: Part II

In our last post, we began a discussion about helping your kids transition into a new school year. This is help that all kids need at one time or another. But if you have recently finalized a divorce and child custody agreement, the transition into a new school year can be especially rocky. Thankfully, however, it doesn’t have to be.

We have already discussed the need to stick to a consistent custody schedule and the benefits of keeping consistent rules and bedtimes between households. Today we’ll talk about one of the most important factors in any parenting or co-parenting relationship: communication.

How divorced parents can help their kids get back to school: Part I

Labor Day weekend is coming up in just a few days, which means that students across North Carolina will soon be starting a new school year (if they haven’t already). There are many challenges kids face with the start of a new year. Some will be transitioning to a new school, and others will be starting school for the first time. Still others will be starting the school year with divorced parents.

If you and your ex-spouse have recently finalized a divorce and child custody agreement, the new school year is likely to be stressful for the whole family. This week, we’ll discuss some strategies for helping your kids as they navigate your divorce, two households and a new school year.

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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