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Winston Salem Family Law Blog

Being aware of your rights during divorce makes a difference

If you're planning to separate or divorce, you need to understand the basics of doing so. For example, if you decide you want to divorce, you don't necessarily need a legal separation or to file for that separation. Living in separate homes is enough to prove that you've been separated for a period of time.

You can file for a legal separation, though, if you don't want to get a divorce or want to protect yourself against liabilities while you're separated. If you simply wait a year, you can file for divorce directly without the legal separation documents.

Man claims dog is all he has left after divorce

When you go through a divorce, it's important to negotiate for as many financial assets as possible. You want to negotiate for your home or property, but it's not always a good idea. It's a good idea to be fair, and getting property may seem like it is, but it's also vital that you get what you need to survive. If you choose assets like your home or property without the necessary income or financial assets to support it, then you could find yourself in a difficult position later.

This is clear in a story about a homeless man who went through divorce. The Oct. 8 news described the man living with his dog in North Carolina. The 43-year-old man says his dog is the only thing he has left. He got a divorce and lost his townhouse when it was foreclosed on.

North Carolina sees a crisis in foster care

North Carolina is facing what many now call a crisis in its foster care system. Sadly, this is echoed across the United States. Many children are entering foster programs only to stay in foster care until they age out, which is a growing concern.

In North Carolina, there are 11,000 children living in foster care. That number has grown 25 percent in five years. In certain counties, like Brunswick and New Hanover, there are hundreds of children waiting to be adopted or in foster care. Many times, they come from homes where their parents struggled with mental health issues or substance abuse.

3 tips for handling your divorce with grace and dignity

Divorces aren't always easy, and they certainly aren't always expected. As someone who is working through a divorce now, you want to make it go as smoothly as possible. Your spouse, on the other hand, isn't as amicable.

How you react to the divorce is up to you. You can handle your divorce with grace and be the better person. Here are a few tips for handling your divorce in a way that leaves you with hope and allows you to heal.

3 tips for talking to your child about divorce

There is one thing that you have to remember when you divorce and you and your partner have children: It's impossible to hide the divorce from them, even if they're young. You might think your toddler won't remember the divorce, and that might be true in the future. Unfortunately, your toddler does know what's happening now, so you have to address it by talking about divorce with your child.

Talking to your child about divorce might seem like a strain you're not ready for, and you might not know where to begin. Remember that it's okay to keep the discussion age-appropriate. You don't have to go into the nitty-gritty of your decisions, but you do need to explain what is happening.

Judge agrees that you can sue for an affair in North Carolina

In some states, varied laws surrounding extramarital affairs could get those who sleep with married people in deep trouble. For instance, a court in North Carolina ruled that a man can sue a doctor because the doctor had an affair with the man's wife.

The lawsuit asserts that the affair resulted in the alienation of affection and criminal conversation. He accuses the doctor that he's suing of luring his wife into having an affair.

You can cope with a frustrating divorce with the right tips

It is difficult to manage emotions during divorces in some cases, and because of that, some people don't want to talk about divorce or handle it at all. The problem with that is that if a spouse won't accept documents or sign them, it can drag a divorce out for months or years longer than necessary.

It is challenging to deal with a spouse who will not agree to a divorce or who is attempting to drag out the process. What can you do to make this toxic spouse's impact lower?

Yes, you can file for divorce from a military spouse overseas

You decided that you wanted to get a divorce from your military spouse long ago, but your spouse has been deployed for some time. You're not sure how to serve the paperwork to your spouse or about where you should file to begin with.

Fortunately, there are some simple answers to your questions. For more complicated situations, your attorney can help you by working through military channels to serve your spouse.

Teen unable to go to school due to legal conflict

Imagine being unable to send your child to school because of a conflict in your custody order. That's what has happened in this case involving a 17-year-old boy and his mother. According to the news story posted on Aug. 29, the boy cannot attend school in Hanover County because the school officials believe that the mother does not have legal custody of the teen.

The teen lives with his mother in the Hoggard High School district. Previously, the teen went to New Hanover High School while he was living with his grandparents. Now, the district claims he cannot be enrolled because his grandparents technically have legal guardianship over the teen.

Your child comes first when it comes to child custody

There are many kinds of child custody for a number of different situations. To start with, parents must decide if they want physical or legal custody. You can have both. Physical custody refers to who has a child in his or her home, whereas legal custody describes the right to make legal decisions for the child.

If you are granted physical custody, your child will live with you. You can share physical custody with joint custody, which is when your child spends time living with both parents. This can work well if both parents can communicate to one another, but it can also be stressful if they do not get along well. If parents live close together, it's also easier to share joint physical custody.

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