Divorce for Seniors

Recent studies have revealed that divorce is no longer for the young. Couples that are over the age of 50, even over 60 and beyond, are now divorcing at an ever-increasing rate. Issues that arise in a separation and divorce for those that have been married for over 30 sometimes 40 years are often times different than the issues for people that have been married for less than 20 years. Depending on the stage of the marriage, at Law Firm Carolinas our board-certified family law attorneys, Carole R. Albright and T. Keith Black, and our associate attorneys, John Boschini and … Continue reading

Why Do I Have to Pay Child Support if I Can’t See My Child?

One of the most common questions I receive as a family law attorney is: “The mother/father of my child isn’t letting me see them, so why do I have to pay child support?” In North Carolina, as in many other states, child support is a separate issue from custody arrangements. It’s not uncommon for one parent to withhold custody from the other, leaving many wondering why child support payments are still required in such circumstances. In this blog post, I will explore the legal perspective in North Carolina and shed light on why child support obligations persist even when custody … Continue reading

Effect of Separation and Divorce on Estate Planning in NC

If you and your spouse are separated or you have recently divorced, this blog will summarize the relevant North Carolina statutes.         Separation and Estate Planning A separation alone has no legal effect on your estate plan.  If you and your spouse have executed a separation agreement, it will likely have reciprocal renunciations of statutory spousal rights such as the Year’s Allowance, Intestate Succession, and the Elective Share.  These spousal rights exist regardless of whether your Will or Trust includes your spouse. As my Wills and Trusts professor always said, “you can’t disinherit your spouse in North Carolina.”  Without a … Continue reading