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Property Division in North Carolina: Dividing Commingled Assets in Divorce

Aside from child support and co-parenting, property division is one of the major issues during divorce. Disputes often arise, especially when partners have mixed non-marital and marital assets. North Carolina is an Equitable Distribution state. This means that splitting assets on a 50/50 basis is the primary approach. However, courts may allow unequal distribution where the former is considered unfair. Generally, commingled assets are treated as marital assets, subject to 50/50 distribution. However, under the equitable distribution theory, a spouse may be able to get more than 50% if they can demonstrate that a 50/50 allocation is unfair. In this post, I discuss commingled assets and how they affect property division in divorce.

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Revenge Porn: What it is and How to Fight it

If you follow the news, you may have heard about so-called "Revenge Porn," or non-consensual pornography. The term is associated with nude, intimate, or sexually explicit photos, shared by others, without their consent. Because several high-profile celebrities have fallen victim to "revenge porn," it's an issue that many across the country are familiar with, and, unfortunately, it could happen to almost anyone, no matter their age, income, or social status. Cell phone and social media use is almost universal and it's easier now than ever to distribute images across multiple platforms quickly and easily. According to one recent survey, around 35% of women and 38% of men reported sharing intimate photos of themselves with another person at some point in time. When these personal images are then shared with others, or distributed in any way without the consent of the person pictured, this could constitute a criminal offense.

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Three Ways to Help Your New Spouse Engage as a Stepparent

Any new marriage is challenging. You're bringing together two entire lives and melding them into one. The challenges can be even greater when your new spouse is also now stepparent to your children. In order to help smooth the transition for your blended family, consider how you may be able to help your new spouse and your children engage and bond with one another.

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Mom Wants a New School: What's Dad to Do?

For divorced parents, co-parenting is crucial. You want to maintain a healthy relationship not just with your children but with their mother too. That relationship provides security and comfort across the entire family. Working together, you continue to balance parental responsibility and each person's involvement in your children's lives.

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Four Tips to Surviving Your First Holiday Season As a Single Dad

Often, the holidays are called the most wonderful time of the year. However, if you're a freshly divorced dad and newly minted single parent, the upcoming holiday season is likely to feel like anything but. Fortunately, you can put a few plans in place to help survive the first, difficult holiday season as a single dad.

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Tips for Handling Father's Day After Divorce

As a father that has recently been separated or divorced, you may be feeling anxious about the upcoming Father's Day holiday. While it is understandable to be dealing with a mix of emotions surrounding this day it is also an opportunity to focus on your children and make this special day memorable regardless of your current circumstances. Here are some tips to make sure Father's Day is a celebrated and positive occasion for you and your children.

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Arrears & the Pandemic: Factors to Consider When Seeking Relief

The Coronavirus pandemic has made life challenging for all of us on some front, whether economically, socially, or emotionally. Many have lost jobs due to companies closing their doors or have been instructed to stay home from work because of their high-risk status. This has led to increased anxiety and frustration as people scramble to figure out how to pay bills and feed their families with little or no income.

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The Emerging Challenges COVID-19 Poses to Parental Rights

The widespread reach of the current pandemic has caused significant disruption to the U.S. court system. Most courts are closed, hearings are being held online – there is simply no precedent for these present conditions.

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How to Manage as A Divorced Parent During Covid-19

Are you missing your child due to social isolation? If your former partner is keeping you from your child, please understand you are not alone. COVID-19 isolation has created a new set of legal issues for divorced parents and/or parents who never married but share custody of a child.

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