What Is a Prenuptial Agreement? A prenuptial agreement in North Carolina is a contract you and your future spouse sign before you marry. It can spell out how you’ll handle property, debts, and other financial matters during your marriage or if you separate or divorce....
If you have decided to divorce and you’ve been married for any length of time, one of the issues you’ll almost certainly have to address is how to divide the property that you and your spouse have accumulated during your marriage. Most couples have joint accounts, a...
There is no paperwork that makes you separated There is no procedure in North Carolina for 'filing for legal separation.' Separation is a factual state, not a court status. You do not file anything. You do not petition for it. There is no form, no fee, and no judge...
North Carolina does not have common law marriage North Carolina does not recognize common law marriage contracted within the state. It does not matter how long you have lived together. Seven years is not a rule here, and neither is any other number. Presenting...
Smartphones, social media, financial apps, cloud storage, GPS services, and other technology have changed how people communicate and manage their daily lives. These tools can also create detailed records that become important during a divorce or related family law...
For the vast majority of couples, deciding to divorce isn’t easy. Often, a great deal of thought goes into the decision, and it is not one that most people take lightly. Sometimes, only one spouse decides it is time to end the marriage. In other cases, both spouses...
Deciding to get divorced is difficult, even when you believe it is the right decision. You may have spent months or years trying to repair the relationship before choosing to move forward. Once you make that decision, understanding the North Carolina divorce process...
If you’ve decided to get a divorce, you’ve probably spent a lot of time thinking through that decision. Divorce is never easy. However, if you believe it’s the best choice for your family and your future, you may be wondering what steps come next. That’s completely...
When many people hear the term "prenup," they think of very wealthy or very famous individuals who are trying to protect their wealth and fame before tying the knot. While that can certainly often be the case, the truth is that prenuptial and postnuptial agreements...
If you are considering divorce in North Carolina, it is completely normal to feel overwhelmed and unsure of what steps come first. Many people are surprised to learn that before they can legally file for divorce, most couples in North Carolina must live separately for...
If you are considering divorce, you likely have questions, and that is completely normal. Below, we outline five common divorce mistakes in North Carolina and provide practical guidance on how to avoid them so you can protect your rights and move forward with...
When people picture divorce, they often imagine a tense courtroom scene - arguing spouses, frustrated lawyers, and a judge banging the gavel. If you’re considering divorce, you may be wondering whether that courtroom drama is unavoidable. The good news? Many couples...
After a difficult divorce, the truth is that you may not even feel like speaking to your spouse at all. You may be angry and hurt, and may be grieving the loss of the future you planned together. All of those feelings are entirely understandable. Unfortunately,...
Divorce and Mental Illness in North Carolina: What You Need to Know Living with or supporting a spouse who struggles with mental illness can be emotionally exhausting and deeply complex. Mental health conditions affect millions of people every day. While treatment and...
Think Before You Post: Protect Yourself from Social Media Mistakes During Divorce and Child Custody Cases Social media mistakes during divorce can have serious consequences—especially when child custody is involved. Social media connects our world today more than ever...
Pets are more than just pets. They’re family members. Most people who have pets would agree that this is true. Pets add so much to our lives, and understandably, you want to do all you can to ensure that they feel cared for and loved. Those facing a divorce often want...
If you have or expect to receive an inheritance and are contemplating divorce, you may wonder how to protect your inheritance during the divorce process. That's understandable. After all, an inheritance typically comes from a family member or loved one who cares about...
For military families, divorce can present its own unique set of challenges. Certainly, active deployment and frequent relocation can complicate divorce proceedings, not to mention that, depending upon the circumstances involved, both state and federal law may apply...
What It Is – And Why It Matters “Criminal conversation.” “Alienation of affection.” Maybe you’ve heard these phrases before in connection with the divorce process – and maybe you haven’t. These phrases may sound confusing and even antiquated. And that’s...
Even in the very best of circumstances, divorce is difficult. This is even more true when you find yourself in a situation that might add an additional layer of difficulty. Being pregnant while getting divorced can certainly be one such circumstance. While bringing a...
Domestic violence impacts an estimated four million people every year, affecting not only the victims but also children, relatives, friends, and employers. While the majority of victims are women, many men suffer as well. Take Immediate Action if Your Spouse is...
Domestic violence, or intimate partner violence, occurs when an imbalance of power or control is present in a close relationship. It manifests in various forms: emotional abuse, sexual abuse, physical abuse, stalking, or threats of these actions. Abusive behaviors can...
Privacy is a significant concern in today’s society. Worries about hacking and privacy violations have increased with every new gadget, household item, or toy equipped with “smart” technology. Data breaches at major companies highlight the vulnerabilities of online...
If you've decided to leave your marriage, it is likely not a decision you made easily or quickly. It’s one of the most challenging and important decisions you’ll ever make. It’s also true that making that decision is only the first step of the process. For many...
Property division is an issue that almost every couple will face during their divorce. Not all couples will have children. Not all couples have pets. Not all spouses necessarily want or need alimony. However, almost all couples will have some property that must be...
When you file for a divorce, you must indicate why the marriage is ending on your divorce petition. You might often hear this referred to as the “grounds” for the divorce. Many people have heard the terms “no-fault divorce” and “fault-based” divorce but aren't sure...
Divorces are unique, and mediation can be an effective tool to help resolve disputes. When spouses or parents struggle to agree on a fair settlement, a mediator can facilitate decision-making. Mediators are invaluable for families who want to avoid courtroom battles...
If you are in the midst of a divorce, mediation might be a viable option for you. Mediation is an amicable negotiation with your spouse facilitated by a neutral third party. It is quicker, cheaper, and more private than traditional court proceedings, but it may only...
Alienation of Affection in North Carolina: Understanding the Legal Claim In North Carolina, alienation of affection is a unique legal claim that allows a spouse to sue a third party for damaging their marriage. This law stems from the idea that marriage is a...
What is a divorce decree? Simply put, it is the official court order that legally ends a marriage. Often, it will contain not only the legal decree but also the terms of the divorce regarding the various issues in the case. After it is entered, the parties are...
When most people decide to get married, they expect it to be a lifelong decision –sometimes, that's how it turns out. In other cases, however, for many reasons, a marriage may not be the "forever" that both people expected when they walked down the aisle. This isn't...
Learn how to file for divorce in North Carolina, from no-fault grounds to residency requirements. Discover the crucial steps and the importance of hiring the right attorney. At McCrary Pack, we specialize in divorce law and guide you through the process for a smoother journey. Call us today for expert advice.
You may have arrived at this page because you feel that your marriage has reached its end. Sometimes this happens suddenly – in other cases, it is a resolution reached after a long time and a great deal of thought. Regardless of what has led you to this point,...
If you find yourself at the beginning of the divorce process, you may feel a little overwhelmed – and that's normal. Realizing that the end of your marriage is the best path forward is a difficult decision to make. Typically, it's a very emotional time, and it can be...
Typically, divorce is a last resort for most couples. It's a decision reached only after all other measures have failed. For those who haven't yet tried all other options, doing so is always advised. The truth about marriage is that it is never easy. It takes hard...
For many couples, financial matters are difficult to address during a divorce. They can be complex – and this is even more true for couples who have children. Most parents want to support their children as much as possible throughout their lives – and to plan and...
Divorce isn’t a decision that most people take lightly. It’s a life-changing event that requires careful consideration and preparation, particularly when it comes to finances. Financial planning before a divorce is vital for ensuring your future stability and making...
If you are considering divorce, or are in the midst of the divorce process, you may feel overwhelmed. That’s completely normal. Any legal matter can be complex, and divorce often involves many issues that can be emotional and complicated in many ways. Sometimes,...
If you are considering a divorce, or if you have already made the decision to divorce and are wondering how to move forward, you might have many questions. That’s entirely understandable. Without a doubt, divorce can be a complex and often difficult process, as...
The ending of any marriage is painful. There’s no question about it. There can be a tendency to view the end of a marriage negatively – and that's understandable. On the other hand, however, the end of a marriage can also be a chance to look forward to new beginnings,...
As with many legal matters, divorce can be complicated, and it can be confusing. It is already an overwhelming experience for most people, simply from an emotional perspective – and additional stress caused by worry about the legal process itself can feel...
Deciding to divorce is the beginning of a long, and often complex process. It's a process that will force you to address many issues and one that will cause you to ask many questions. One of the first questions you're understandably likely to ask is – how much will...
Without question, making the decision to divorce is probably one of the most difficult decisions you'll ever have to make. The truth, though, is that deciding to divorce is only the first of many decisions you'll have to make throughout this process. One of the...
How Can We Avoid Taking Our Divorce to Court? Sometimes, a couple reaches a point where they both agree that divorce is the best path forward – but they don’t want to end up trapped in a long, contentious court battle. That’s entirely understandable. Long, drawn-out...
A Few of the First Steps You Should Take At the beginning of a marriage, most people never expect to find themselves filing for divorce. It isn’t a pleasant prospect for most people – and it’s usually not a decision that’s reached easily. Once you’ve decided that...
What You Need to Know At the beginning of a marriage, most people never expect to reach a point where they feel suspicious and untrusting of their spouse. Unfortunately, however, more than a few marriages do reach that point. Maybe you’ve been having difficulties...
When couples contemplate the divorce process, without question, there are many issues that may seem intimidating to tackle. Certainly, highest among them are issues involving children, if the divorcing couple has them. But following closely behind are many issues...
When you’re going through a divorce it may seem that you and your ex-spouse cannot seem to agree on anything: where the kids should stay, who should have the marital home, is alimony necessary. Don’t think you are alone in this. Most people going through a divorce...
At the Law Office of Dustin S. McCrary, family law is our passion. We spend each and every day working with families, and have the opportunity to see how much parents love their children on a daily basis. Without question, most parents want to support their children...
Co-parenting after a divorce can be complicated. This is true even in the best of circumstances. Understandably, after a marriage ends, emotions are often running high, not to mention the fact that an inability to work together cooperatively is often part of what...
One universal truth about divorce is that it is rarely an entirely pleasant experience for anyone. Understandably, the end of a marriage and the prospect of beginning to transition from the life you shared together to a new journey on your own can be an emotional and...
There are many questions that arise during the divorce process. Who gets the house? Who will have primary custody of the children? Who will pay support, and alimony, and how much? And among these questions, one of the most commonly asked, but one which people...
It’s bad enough you are going through a separation; however, now you are being told that a separation agreement is wanted as well. As if you are not already stressed about the separation and how to move forward in your life, you now have to speak with your spouse and...
LGBTQ Divorce North Carolina: What You Need to Know Without question, LGBTQ couples have fought long and hard to attain rights that many have long taken for granted. LGBTQ couples in North Carolina officially won the right to marry under the case of General Synod of...
Let’s face it: not everyone stays in the same place indefinitely. Depending on your life and circumstances, you may decide to move due to a change of job, to be closer to family, or even for better living standards. As if relocating isn’t an overwhelming process,...
Common Signs of Cheating When it comes to catching a cheating spouse North Carolina, it’s important to start with a grounded understanding of how relationships work. One fundamental truth of human relationships is this – all of them have their ups and downs. This is...
Even though your marriage may be ending, life goes on. Without question divorce is stressful. Sometimes, in the midst of that stress, it can be overwhelming to realize that the day-to-day obligations of life don’t disappear or diminish. The unfortunate truth of the...
Change is never easy, however, change is inevitable and it is important that when change occurs that can affect not only your life, but your children lives and lives of other people, it is important to make the best decisions possible. In the case of child custody and...
There are few times in life that are more emotionally stressful than a divorce. Regardless of whether the decision was made together or not, and even despite the belief that it might be for the best in the long run, it’s still very painful for everyone involved. After...
Your Guide to Voluntary Dismissal When You’ve Had a Change of Heart Most couples who decide to divorce don't reach the decision easily – or take it lightly. It's typically a decision arrived at when no other solution to the difficulties in the marriage has worked....
Without question, we live in a highly advanced technological age. In fact, it seems almost that day-to-day and minute-to-minute, technology is advancing, changing, and evolving. Increasingly, it plays a role in almost every aspect of life in most first-world countries...
It’s no secret that we live in a world that is perhaps more digitally connected today than ever before. In fact, social media seems to be everywhere, and its impact on day-to-day life is almost impossible to ignore. A quick look at the statistics surrounding the use...
Taxes. Most of us don’t love thinking about them, and most of us would certainly agree that in many respects, tax time is a headache. This is true almost every year, but in some years, it is more true than others. If you are in the midst of or have recently finalized...
As anyone who is a parent knows well, there is no joy quite like the joy that your children can bring to your life. On the flip side of that coin, there’s often no stress and worry like the stress and worry parents feel over the well-being of their children. This is...
Without question, we live in an advanced digital age. Our world is a world full of “smart” technology – smart phones, cars, televisions – even smart homes. In many ways, this is a wonderful thing. We are more connected than ever before, and we can obtain our news...
Without question, divorce can be difficult in any number of ways, and during the divorce process, emotions run high. Perhaps in no circumstance, however, is divorce more difficult, or more emotional than when it comes to resolving issues of child custody. Most...
How Do I Change Custody Arrangement? Relocating with a child can either be simple or highly complicated depending on the relationship between both parents. While a child custody order may seem restrictive, it can also provide structure and stability during a major...
Divorce is a difficult process, even in the best of circumstances. That’s simply the reality of the situation, even when couples are both on the same page and feel it is the best decision – even when they are committed to working cooperatively together to make the...
It is important to create a budget that allows you take into account the extra cost of divorce.
At some point in the divorce proceedings, either you or your spouse will have to move out of the marital home. It may even be that both of you have to find a new place to live.
When you are thinking about wiretapping a phone, can what you learn be used as evidence?
Unlike an absolute divorce, a divorce from bed and board does not completely end a marriage, but it does affect each party’s rights with regard to each other and each other’s estate.
In North Carolina, ending a marriage is usually a two-step process. Once you understand what you are getting into, you will be better able to handle the anxiety you may feel.
Every situation, every couple, and every divorce is different. Being better prepared for your individual situation will make the process much easier.
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