How can my separation agreement be enforced?

What is a Separation Agreement? In North Carolina, a separation agreement is a contract between spouses that specifies the terms they have agreed to for living separate and apart.  The agreement can cover issues such as spousal and child support, child custody, and...

Who is eligible for an annulment in North Carolina?

Once an annulment is ordered by the court, the marriage being annulled is deemed to never have existed.  The parties who were married will have a status change as though they have never been married before. Annulments are only allowed in North Carolina under very few...

How to get an absolute divorce in North Carolina

There are two grounds for an absolute divorce in North Carolina.  Most often, couples will separate for at least a one calendar year period.  Rarely, absolute divorce will be granted based on incurable insanity, which requires a medical diagnosis and a three-year...

Retirement and Equitable Distribution in a divorce

For those of you who have accumulated retirement benefits like 401(k), 403b, annuities, and IRAs, you should know that these are also subjected to equitable distribution. Retirement plans are treated in the same manner as all other marital property, so one of the most...

How are retirement plans divided in a divorce?

What Is Marital Property? Since retirement plans are subject to equitable distribution, it is imperative that you identify when the retirement plan was acquired. Marital Property in accordance with North Carolina law is real property (houses and real estate) or...