Beaufort Estate Planning News

Many people think prenups are only for super-rich individuals who have substantial nonmarital property assets to protect and anticipate a divorce. These things might have been true once upon a time, but not anymore. North Carolina lawmakers recently approved the Uniform Premarital and Marital Agreements Act. The UPMAA replaced the web of laws and judicial…

The Tarheel State, like most other jurisdictions, is an equitable division state. NCGS 50-20 basically means two things. First, upon divorce, marital property, including debts and assets, must be divided equitably (fairly). So, “equitable” is usually, but not necessarily, the same as “equal.” This principle becomes clearer in light of the second one. A divorce…

Many domesticviiolence statistics are self-reported, so their reliability is something of a question mark. This one is absolutely verifiable and also absolutely chilling. Nearly half of all female homicide victims are killed by a current or former male intimate partner. So, no matter which way you color it, domestic violence is a serious problem in…

The overall divorce rate has leveled off in recent years, mostly because the marriage rate has declined as well. However, divorce’s moral acceptability rate recently hit an all-time high. So, family courts in Carteret County hear about as many divorces now as they did back in the day. Many states have streamlined their divorce procedures.…

Most child support obligees depend heavily on these payments to make their bills. Yet less than half of custodial parents receive their full monthly child support allotments. So, in most cases, child support enforcement is part of post-divorce life. Frequently, enforcement actions are part of modification actions. Sometimes, enforcement actions are standalone proceedings. Technically, the…

Overall, child custody and parenting time orders must be in the best interests of the child. Most good parents agree with that general principle. However, most good parents disagree on specific points. To help translate this rather obscure principle into everyday language, North Carolina law sets forth a number of factors in this area. Some…

For many years, most American children lived in “traditional” households which featured a lifelong married mother and father and their pure biological children. In 2013, the percentage dipped under 50 percent. Today, the proportion is less than 18 percent.  Families headed by remarried stepparents make up most nontraditional households. These families face some additional emotional…

In the mid and late 2010s, many states, including neighboring South Carolina, significantly revamped their spousal support laws, mostly out of concern over inconsistent determinations in different courts.  Judge A might look at a case and award X amount of alimony, and Judge B might look at the same factors and award nothing. However, aside…

The decision to get a divorce is never an easy one to make. The choice can become even more complex when minor children are involved. A parent who is considering leaving their spouse should research how much child support they will get in the divorce prior to making their final decision.  Knowing how much child…

Finding yourself suddenly served with divorce papers can be an unpleasant shock under the best of circumstances and a traumatic surprise in the worst-case scenarios. It is important not to panic, and you don’t make the mistake of ignoring the proceedings. Failing to act, or acting irrationally, can cost you dearly. Knowing what to do…