Tawanna Iverson filed for divorce through a petition on Tuesday, March 2, 2010. She is seeking permanent and sole custody of the couple's five children - ranging in age from 17 months to 15-years old. Tawanna is also requesting that Allen pay her alimony and child support. She currently has temporary custody of their children and resides in their home in Atlanta. Iverson's wife also has requested that her soon-to-be ex-husband be responsible for all legal expenses and wants equitable distribution of all of the couple's marital assets. The couple has been residing in Atlanta since August 2009. They also have shared homes in Colorado, Detroit, and another in Villanova, PA. The couple had tried to sell their $6.3 million mansion in Villanova, but has had no luck in this economy and the new asking price has been reduced to $ 3.25 million. The couples hearing for their divorce was reportedly set for next month.

One issue that may arise in this divorce is whether Allen Iverson has any "celebrity good will" which may be a divisible property interest of the marriage or a factor in awarding alimony and child support. Celebrity goodwill is essentially the enhanced earning capacity or human capital of a spouse who is famous. These can include not only professional athletes, but entertainers such as Nicole Kidman and Tom Cruise, Mel Gibson, politicians and others who are in the public eye and earn wealth as a result. Factors that a court may look at as necessary for a determination of the existence of professional goodwill are age, health, past earning power, reputation in the profession, skill, comparative success and length of time in the profession and more. North Carolina divorce attorneys of Gailor, Wallis & Hunt have handled cases in which celebrity goodwill was an issue and worked with national experts in the establishing the value of that goodwill.

North Carolina divorce attorneys Gailor, Wallis and Hunt, have dedicated their lives to helping men and women work through the divorce process, especially equitable distribution of marital assets and custody arrangements. Where saving the marriage is not possible, the highly respected attorneys of Gailor, Wallis and Hunt are also dedicated to assisting men and women in the throes of separation and divorce and helping them obtain a fair and equitable settlement or result at trial. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Gailor, Wallis & Hunt
Raleigh Family Law Firm
1-866-362-7586
www. gailorwallishunt.com

Bristol Palin, 19, filed child support papers in January 2010, requesting that her ex-fiancé pay $1,750 a month to support their one-year-old son, Tripp. Palin claimed that she has been providing the care and custody for their son since he was born in December 2008. The couple has been in a constant battle over child support payments. Palin claimed that Levi had an annual income exceeding $100,000 in 2009, which he earned through a combination of modeling and media jobs. Since Palin has had custody of the child, she said that she has only "received limited and sporadic financial assistance from Mr. Johnston, totaling only $4,400 over 13 months." Levi responded that he had agreed to pay 20 percent of his adjusted income for 2009 to Palin. Levi also stated that he only had one definite contract in the amount of $25,000 for 2010. It was reported that Palin was encouraged when Johnston acknowledged that his child support payments were not adequate and that he still recognized his obligation to his son and the court agreement. "Bristol expects to mediate a child visitation schedule with Levi that balances Tripp's need to be with his father with Levi's need to travel and seek work."

In all child custody disputes, the welfare of the children and their best interest should be the sole focus of both the mother and father. An adversarial custody battle puts the child in a place of conflict that may damage their self-esteem and affect them for years to come.

The highly respected Raleigh, North Carolina attorneys of Gailor, Wallis and Hunt have dedicated their lives to assisting parents in obtaining fair and equitable custody arrangements when divorce is the only alternative. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Leading North Carolina divorce lawyers, Gailor, Wallis, and Hunt, (www.gailorwallishunt.com) report a Charlotte-Mecklenburg policeman was charged with assaulting his wife, according to the Charlotte Observer, February 18, 2010. The importance of knowing one's legal rights is crucial in the case of domestic violence in the home. If placed in a position where a marriage partner tries to dominate you emotionally or becomes physically abusive, it is a case of domestic violence.

The police officer, Timothy Gerald, reportedly "struck his wife in the chest and face with his hand and knee during Wednesday's alleged assault". Gerald, who had been on the police force since 1993, turned himself into the police station after investigators established that there was probable cause that he assaulted his wife. Gerald currently holds custody of the couple's child. It was not known if the either party had an attorney, although the couple has been separated for a year. According to a fact sheet published by the National Coalition Against Domestic Violence (NCADV) (see www.ncadv.org) in each of the last three years, there were more than 70 incidences of domestic violence homicides. In five of the six years from 1997 to 2002, North Carolina has been in the top ten states in homicide rates for females murdered by males. According to the NC Department of Health and Human Services, in North Carolina 1 in 5 women have been sexually assaulted at some point in their lives.

Often, in domestic violence cases, the violence by one spouse against the other has major legal implications in custody, child support and alimony issues when separation and divorce are the only solution to protect yourself and your children and end the chain of violence. In the court system, there are two ways to handle a domestic violence case- civilly or criminally. As a victim of abuse, it is important to find an attorney knowledgeable in domestic violence issues to inform you about civil and/or criminal options available against an abuser. The most important objective is to protect yourself and your children from the abusive partner. Under Chapter-50 of the NC General Statutes, a victim of domestic violence has the legal right to seek a domestic violence protective order (DVPO), which prevents contact of the abuser with the victim or children except under very limited circumstances permitted by the court.

Domestic violence in North Carolina is a tragic and traumatic occurrence that occurs across all demographic categories and can change the lives of spouses and children forever. Working to change your life and remove yourself from a violent relationship can be a confusing and difficult time. It is important that you know your legal rights and have the right team to help you initiate the appropriate actions.

North Carolina divorce attorneys Stephanie Jenkins (www.gailorwallis.com/sjenkins.html) and Stephanie Gibbs (www.gailorwallis.com/sgibbs.html)  of the Raleigh law firm of Gailor, Wallis and Hunt, have dedicated their lives to being advocates for the rights of victims of domestic violence and are dedicated not only to assisting them in dealing with acts of domestic violence in the court system but to obtain a fair and equitable resolution of related issues such as custody, child support and alimony in light of the fact that domestic violence has occurred. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Gailor, Wallis & Hunt
Raleigh Family Law Firm
 1-866-362-7586  
www. gailorwallishunt.com

Divorce attorneys and family law specialists are seeing this disturbing trend on the rise as separated husbands and wives are now claiming that a social networking website is the reason for the demise of his or her marriage. This trend is being called cyber cheating.

Recently interviewed on NBC, Raleigh divorce attorney Cathy Hunt (http://www.gailorwallis.com/chunt.html), of the divorce and family law firm of Gailor, Wallis & Hunt, PLLC in North Carolina, says she has seen more cases involving cyber cheating than ever before, citing social media as the catalyst for divorce.

Click here to watch the interview by Raleigh Divorce Attorney Cathy Hunt

"People are going onto social networking sites, like Facebook and Classmates.com, and are reconnecting with someone they used to know or date," Hunt told NBC. She added that the communication typically begins as innocent chat and escalates to something more serious including emails, phone calls, online flirting and eventually meetings. Hunt said that, in some cases, this social media communication has led to one spouse leaving the other to be with someone from his or her past.

"A lot of people are really in what seems like happy marriages," Hunt said. "They're not bad marriages; they have families and children, and they have family life and family life doesn't involve flirtation and that sort of thing."

Tips to Avoid Social Media Relationship Pitfalls

• A husband or wife should evaluate his or her motivations before reconnecting with an old flame.

• When opening social media accounts, have open communication with your spouse about how certain  situations will be handled, such as contact with or by an ex.

• Create a joint account, or give each partner access to each other's accounts.

• Do not write anything that is suggestive or questionable on a social media site.

About The Law Firm

The Raleigh, North Carolina family lawyers of Gailor, Wallis & Hunt help men and women work through the emotional and financial entanglements that occur when a marriage or committed relationship dissolves. With over 80 years of combined experience, the firm offers highly competent and dedicated representation in the following matters; mediation, arbitration, separation and property settlement agreements, divorce, alimony and child support and equitable distribution of property with an emphasis on representing business owners.

For a confidential and personal review of your case, contact Gailor, Wallis & Hunt at 1-866-362-7586 or visit them online at http://www.gailorwallis.com.

Due to the reality that women have entered the workforce in larger numbers over the past 40 years and women now comprise the majority of students in our nation's universities and colleges, the financial foundation in the American household has changed. This increase in the married man's economic state is partially due to the fact that 28 percent of wives have more education than their husbands, which means that they have greater earning potential.

When it comes to incomes, the statistics tell the story. Comparing 2007 to 1970:

• Median household income has increased 60% for married couples vs. 16% for unmarried men.
• Single men brought home an average of $56,951 a year, compared to $65,849 in 2007
• Single women brought home an average of $30,597 in 1970, compared to 
$48,785 in 2007
• Married men's income increased more than $30,000 annually from $45,785 to $73,774
• Married women's annual incomes also jumped about $30,000 from 46,669 to $74,642

Today, twenty-two percent of married women in the United States are considered the breadwinners of their household, compared to four percent in 1970. Since the recession, this growing trend of female breadwinners has become more prevalent. Close to 75 percent of the jobs lost since 2008 were blue collar and white-collar jobs and predominantly held by men. Marriages prove a worthy investment and a great benefit for the men of our culture.

In households in the United States, almost 50% of marriages end in divorce for different reasons, according to divorcerate.org. The effect of the recession, particularly job losses by a spouse have led to increased financial strain on marriages and consequent increases in separation and divorce. Where saving the marriage is not possible the highly respected attorneys of Gailor, Wallis and Hunt are dedicated to assisting men and women in the throes of separation and divorce and helping them obtain a fair and equitable settlement or result at trial. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Gailor, Wallis & Hunt
Raleigh Family Law Firm

1-866-362-7586

www.gailorwallishunt.com

While Walsh and Young live in California, a community property state in North Carolina marital property is defined as "real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of separation of the parties, and presently owned, except property determined to be separate property or divisible property". Separate property is defined as "all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent or gift during the course of the marriage."

While there is no precise formula for dividing marital and divisible property in North Carolina, there is a rebuttable presumption in North Carolina that marital and divisible property or its equivalent value will be divided equally and in-kind.

 North Carolina divorce attorneys Gailor, Wallis and Hunt, have dedicated their lives to helping men and women work through the divorce process, especially equitable distribution of marital assets. Divorce lawyers of Gailor, Wallis and Hunt have used their 80 plus combined years of family law litigation experience and their collaborative skills to help couples dissolve their marriages in as non adversarial a manner as possible so that they can move on with their lives. To contact the family law firm of Gailor, Wallis and Hunt, call 866-362-7586.

Gailor, Wallis and Hunt, 1101 Haynes Street, Raleigh, North Carolina 27604
www.gailorwallishunt.com

Raleigh Family Law Attorney Stephanie Jenkins, a partner at the North Carolina family and divorce law firm of Gailor Wallis & Hunt, is an example of a legal professional who possesses all of those qualities and more.

As one of the most skilled domestic relations, family and divorce attorneys in North Carolina, Ms. Jenkins has been selected by her peers for inclusion in the 2010 edition of The Best Lawyers in America® in the specialty of Family Law.

For over a quarter of a century, Best Lawyers® has been regarded - by both the profession and the public - as the definitive guide to legal excellence in the United States.

Selection to Best Lawyers is one of the highest honors an attorney can receive, as it is based on an exhaustive and rigorous peer-review survey comprising more than 2.8 million confidential evaluations by the top attorneys in the country. In fact, the publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice."

About Stephanie Jenkins

Stephanie was admitted to the North Carolina Bar in 1992. She received her B.A. from Davidson College and her J.D. from the University of North Carolina. She is a member of the North Carolina Bar, the Wake County Bar, and the American Bar Association. She is also a recipient of the U.S. Department of Justice Certificate of Appreciation. Stephanie's background in criminal prosecution bolsters the firm's ability to represent clients in family law criminal matters. Stephanie is also professionally trained as a mediator in family law matters.

About Gailor Wallis & Hunt, PLLC

A family law firm, Gailor Wallis & Hunt began its legal practice in North Carolina in 1994 and became one of the most accomplished firms in the field of divorce, family law and domestic relations litigation. The attorneys at the law firm are focused in their areas of practice and are capable of handling simple to complex family issues.

To learn more about Stephanie Jenkins or the North Carolina family and divorce law firm of Gailor Wallis & Hunt, PLLC, visit http://www.gailorwallis.com or call 866-362-7586

If you and your significant other are deeply in love, why is there a need for a written agreement before marriage dealing with property and potential support issues in the event of divorce? Don't you trust each other? Why talk about this now when you are happily in love and want to get married? Discussion of premarital agreements between prospective spouses can be tough. It turns love and romance into a business deal. Certainly a romance killer. But the possibility of love and marriage ending in a separation or divorce is high. Statistically, 40%-50% of first marriages end in divorce. The rate is even higher for second and third marriages. Divorce is a costly, emotional ordeal. A premarital agreement can provide certainty in regard to distribution of property, support and other issues arising when a marriage is dissolved at a substantially lower cost than fighting these issues out in court.

A pre-marital agreement or prenuptial agreement, helps you to stop and take a moment for an in-depth look at you and your prospective spouse's finances, goals and aspirations in life and decide what will happen to the assets and income each partner brings into the marriage and other key details such as whether a spouse will receive support in the case of a divorce

The Equality in Marriage Institute defines a premarital agreement as a "joint expression of a couple's wishes....that reflects equality in financial matters."

There are several legal points to know about a premarital agreement. First, it is a private agreement executed by two people who plan to marry. This agreement is the result of a serious discussion between prospective spouses of financial and non-financial issues including death or divorce, property, support and lifestyle among other issues. A premarital agreement is a binding contract that can override and preempt state, family and probate laws, which otherwise may protect a spouses' marital and estate rights in the event of divorce or death. Most states have laws governing premarital agreements and set forth legal requirements to ensure that a premarital agreement is legally valid and binding

If you decide that a premarital agreement may be a step in the right direction, know that there are three primary rules to ensure the validity of your agreement; both partners entering in the agreement should disclose all applicable financial information; both should seek independent counsel; and both should allow enough time for preparation of the agreement before walking down the aisle. Key topics to consider in preparing your premarital agreement are:

• Disclosure of assets, income and liabilities of both parties
• Premarital debts and repayment
• Each parties' contribution to support of the family
• What will happen in the event of death or divorce
• Disposition of individually owned properties and property acquired during the marriage in the event of death or divorce
• Alimony or spousal support in the case of divorce

The family law office of Gailor, Wallis & Hunt can help you prepare your pre-marital agreement so that in the case of a divorce, your assets will be protected and the dissolution of marriage, should it occur can be as non-adversarial as possible. The highly respected attorneys of Gailor, Wallis and Hunt have dedicated their lives to helping couples plan for, and preserve their marriage and family, but are also dedicated to assisting them obtain a fair and equitable divorce when that is the only alternative. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Gailor, Wallis & Hunt
Raleigh Family Law Firm
1-866-362-7586
101 Haynes Street
Raleigh, NC 27604-1455
www. gailorwallishunt.com

The National Healthy Marriage Resource Center reports, "Emotional cheating is characterized by an intimacy between two people who are in committed relationships to other persons and does not involve a physical relationship." This does not mean that platonic male and female friendships are bound to become romantic. It simply means that some innocent friendships may evolve into inappropriate emotional or sexual relationships because of commonalities shared by the friends such as similar likes and dislikes, closeness in communication, and confiding in the friend instead of speaking to the spouse or partner. Intimate communications and sharing of confidences by spouses with friends of the opposite sex can impede the maintenance of emotional connections between the married friend and his or her spouse. The threat to the life of a married couple's relationship occurs when one spouse receives what he or she needs emotionally from someone of the opposite sex outside of the marriage. All human beings need emotional intimacy in a committed relationship to increases longevity and satisfaction to both partners. If one partner gets the emotional intimacy elsewhere, he or she is more apt to neglect his or her spouse. If this occurs, it is important for errant spouse to recognize the impact on the marriage of the emotional attachment with a third party and make the effort to reengage the emotional connection between his or her spouse within the marriage.

There are several ways to avoid emotional cheating according to the National Healthy Marriage Resource Center.

1. Keep emotionally intimate conversations for your partner. Turn to your significant other for support. A sign you are going down the wrong path would be having another person who you talk to for difficult issues pertaining to your life and job.
2. Set up boundaries for your platonic relationships. Friendships should be enjoyed with the opposite sex in a way your spouse does not feel uncomfortable.
3. Beware of online and work relationships. Avoid intimate conversations in the office and on the Internet.
4. Save the intimate moments of a relationship for your spouse and not a friend. This will further your romantic relationship with your spouse and maintain healthy friendships.

Emotional cheating can be devastating for the other spouse and if the marriage is to survive trust will need to be regained. Counseling may be the first option to try to reconnect. However, if emotional cheating persists and develops into a romantic or sexual relationship, regardless of efforts to nurture the marriage bond , there are steps to take in order to sever ties and move on. A spouse who suspects his or her spouse of emotional cheating should consult a competent family law attorney for advice on financial and other issues which may arise should the marriage dissolve.

The family lawyers of Gailor, Wallis and Hunt help people work through the emotional and financial entanglements that occur when a marriage or committed relationship does not work out. With more than 80 years of combined experience, they offer highly competent and dedicated representation in the following matters; mediation, arbitration, separation and property settlement agreements, divorce, alimony and child support and equitable distribution of property. For a confidential and personal review of your case, contact Gailor, Wallis & Hunt at 1-866-362-7586 or visit them online at http://www.gailorwallis.com

101 Haynes Street
Raleigh, NC 27604-1455
(919) 832-8488

The ACF does not advocate marriage as a solution for every person in society, and recognizes that divorce should be accessible if a spouse is experiencing an unhealthy relationship. A healthy marriage, as described by the ACF, has two basic characteristics: deep respect and mutual enrichment. Marriages should be satisfying for both the husband, wife and children, if present. A healthy marriage should be committed to continual growth, effective communication and good conflict management skills.

The purpose of the HMI is to re-establish the importance of marriage as the main building block of a healthy society. The goals of the initiative are to raise awareness and increase the number of healthy married couples through marriage education, programs that teach relationship and parenting skills, pre-marital education and public advertising campaigns through government grants and funding.

The HMI has been put into action so that married couples and committed couples that live together, can obtain the knowledge and skills to maintain long, healthy and satisfying relationships through efforts to learn and focus on how to foster a healthy relationship for personal wellbeing of the husband, wife (or significant other) and children.

Though there are many benefits to marriage, if an informed decision was not a part of your marital union, or there are unhealthy practices such as infidelity, violence or abuse, counseling services may be the next step in the effort to regain health and happiness. If the marriage is irretrievably damaged, then a non-adversarial approach to ending the relationship can include mediation or arbitration services.

If mediation or arbitration are not successful, divorce is the last step to end an unhealthy marriage. It is important to seek out a knowledgeable lawyer who will help you exercise your rights to obtain an equitable distribution of assets and necessary spousal and child support. With assertive lawyers experienced in the areas of property division, alimony, child support and custody trials, your case will be in good hands with the North Carolina family law firm of Gailor, Wallis and Hunt. Depend on this highly experienced team for your case by calling toll-free 866-362-7586.

Raleigh Divorce lawyer Carole Gailor (http://www.gailorwallis.com/cgailor.html)

Gailor, Wallis, & Hunt is a Raleigh, NC based family law practice that has assisted families for more than a decade with the legal and emotional entanglements of  divorce and other domestic issues. The firm is recognized as one of the most accomplished family law practices in North Carolina.

 For a case review, visit them online today at www.gailorwallishunt.com  or call the firm directly at 1-866-362-7586.

Divorce Reality Check:

Unrealistic Expectations

            Carole Gailor, a Raleigh, North Carolina divorce lawyer educates consumers and prospective divorce clients about unrealistic expectations in divorce cases.

All too often people who hire a lawyer to represent them in a divorce case either misunderstand the lawyer's role or have unrealistic expectations. These unrealistic expectations can result in significant disappointment and dissatisfaction. It is the lawyer's job to help the client manage expectations. It is the client's job to listen and adopt realistic expectations rather than blaming the lawyer, the courts or their spouse if things do not go the client's way.

Unrealistic Expectations: Many clients seeking a divorce lawyer will bring with them a completely unrealistic set of expectations. These expectations can come from lack of knowledge about the law , the legal process or the cost or from motives such as anger and vindictiveness. It is the lawyer's job to educate their client about the law applicable to the facts of the client's case and to educate him or her about the legal process. If the lawyer fails to educate the client about the law and legal process, the client should be proactive and ask to be educated on the law and legal process.

The Angry or Vindictive Client:  More difficult is the client whose motives in a divorce case are based on anger or vindictiveness or has adopted a victim mentality. The goal of a client motivated by anger or vindictiveness is to inflict pain on the opposing party and/or make the process costly. Fairness is not a goal for this client. If the angry or vindictive client does not get the hoped for result, he or she will accuse the lawyer of failing to zealously represent him or her, accuse the judge of bias, the opposing party of lying, refuse to pay for legal services or file a grievance and focus blame anywhere but on himself or herself and the actions that led to the divorce.

The "Victim" Client: The client who insists on being the "victim" seldom views success in terms less than total victory. Victory or success in the courtroom is seen as the moral equivalent of personal vindication for the "victim' client. Conversely, failure or a less than total victory is rationalized away as the lawyer's fault or failure to be competent in some manner. There is rarely any satisfaction for the client motivated by unrealistic emotional expectations.

Reality Check: Both lawyers and clients need to evaluate, as objectively as possible, a prospective client's emotional state and motives in considering representation. Frankly, a good lawyer will not represent a client whose motive is to inflict unnecessary pain, harm or cost to the opposing party. The wise lawyer will not represent a client whose role as a "victim"  has overtaken logic and a reasonable degree of objectivity.

Contributor: Carole S. Gailor. Carole S. Gailor, a Raleigh Family Law Attorney is a leading North Carolina divorce lawyer and is experienced in all areas of family law representation. Carole Gailor is a Board Certified Family Law Specialist and a Fellow in the American Academy of Matrimonial Lawyers. She frequently educates lawyers and other professionals on family law issues as well as business valuation. Carole is the senior partner in the Raleigh, North Carolina divorce law firm of Gailor, Wallis & Hunt, 1101 Haynes Street, Suite 201, Raleigh, North Carolina. Tel: (919) 832-8488. Website: www.gailorwallishunt.com

 What is a custody evaluation?

             The primary purpose of a custody evaluation is to assess what custodial arrangement is in the child's best interest.  This is done by evaluating individual and family factors that affect the child's best interest.  In general, a custody evaluation is conducted by a mental health professional (typically a psychologist) who will administer a number of psychological tests to the parties, as well as interview the family and other third parties.  Following the assessment, the evaluator will typically make a recommendation regarding what custody and visitation arrangement is in the best interest of the child. The recommendations could, for instance, include sole custody to one parent and visitation to the other, joint physical custody with time sharing arrangements depending on the age and development of the children

When should I ask for or agree to a custody evaluation?

             A custody evaluation may be helpful in cases where there are issues of parental unfitness, where custody is heavily contested, where children are of a suitable age and discretion to state a preference regarding custody/visitation, or in cases where one party wishes to relocate.

What is the average cost of a custody evaluation?

            A custody evaluation can be expensive, often times costing several thousand dollars.   The actual cost will depend upon a number of variables including the specific financial requirements of the evaluator, as well as the complexity and time involved in a specific evaluation.

Who should I retain to do a custody evaluation?

            Before retaining any evaluator you should ensure that they have substantial training and experience in performing custody evaluations, as well as providing deposition and expert testimony at trial.   You should be careful to ensure that the evaluator is not being asked to perform any additional roles outside of evaluator.   For example, it is not appropriate for a therapist to conduct a custody evaluation when they have previously acted a therapist for one of the parties or the children.  You may wish to obtain a referral from an attorney who has experience with expert witnesses.

How are issues of confidentiality treated?

            In general, it is assumed that the custody evaluator will share the results of evaluation with the opposing counsel and the court.   In many cases, the evaluator will request releases for a party's prior medical and mental health history.   If you have concerns about confidentiality, you should talk with an attorney about these concerns prior to requesting or agreeing to a custody evaluation.

 What should I do if I receive an unfavorable evaluation?

            Although this sounds self-serving, the most important thing to do if you have received an unfavorable evaluation is to talk with an attorney who has experience with these matters.   Your attorney may recommend that you hire another expert to critique the evaluation that was performed or administer the same or additional tests.

Contributor: Kimberly A. Wallis - Kimberly Wallis is a partner in the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC. She is a Board Certified Family Law Specialist. For more information contact the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case.

Is there a separation agreement or custody order in place? 

             In situations where the parties have signed a separation agreement, the language of the agreement controls.  In most situations, the agreed upon custody and visitation arrangements can not be maintained if one or both parties move out of state.  Accordingly, a move may mean that you are in breach of the separation agreement.  You may wish to file an initial custody action granting you permission to move with the children.   

 If there is already a custody order in place, you should first review the order with an attorney.   In most situations, the custody and visitation schedule ordered by the court can not be maintained if one or both parties move out of state.    Accordingly, a move could mean that you are in contempt of a court order.   In many cases, you may wish to file for modification of the existing custody order to obtain the court's permission to move with the minor children.

 What if I don't have a separation agreement or custody order in place?

             Before moving out of state with a minor child, you should still talk with an attorney about laws regarding parental kidnapping and child abduction. 

 What factors does a court consider in determining whether a party may move out-of-state with a minor child?

                   In any relocation case, factors appropriately considered by the trial court include, but are not limited to: 

• The motivations of the parent desiring the relocation.
• The motivation of the parent opposing the move.
• The advantages of relocation in terms of its capacity to improve the life of the minor child.
• Any disadvantages of relocation on the minor child.
• The likelihood that a reasonable visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.
• The likelihood that the parent desiring the move will comply with visitation orders after they have relocated to another state.

 A parent who wishes to relocate because of a job, new spouse, or to care for sick relatives will have a stronger case than a parent who simply wants to move away from the noncustodial parent.  Similarly, a parent who can demonstrate that the move offers numerous advantages in terms of its capacity to improve the life of the minor child has a stronger case than a parent of a minor child for whom the move offers numerous disadvantages.  If you or your spouse is considering relocating with a minor child, you should consult an attorney with experience handling these kinds of cases.

Contributor: Kimberly A. Wallis - Kimberly Wallis is a partner in the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC. She is a Board Certified Family Law Specialist. For more information contact the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case.

Divorce is a complex financial transaction. When determining how to best resolve the issues involved in divorce, whether support, property division, or both, it is vital that you have the information necessary to evaluate your case. Often times once you separate you may no longer have access to crucial financial information, absent going through the court system to request it, a process that is often expensive and cost prohibitive.

 If you are able to gather as much financial information as possible and have a general knowledge about the income and expenses during the marriage, as well your assets and debts, before consulting with a lawyer, it will be extremely helpful to the lawyer's initial case assessment. To that end, planning ahead by gathering this information early on in the process often saves you time and money in the long run.  The financial documents that your lawyer will likely want to review include, but are not limited to:

• Tax Returns for at least the last five years of the marriage
• Pay stubs, vouchers, and similar statements showing income for both spouses
• Employee benefit statements, including stock and stock option statements
• W-2's, 1099's, K-1's and other income reporting statements
• Personal financial statements and loan applications given to third parties, such as banks and other lending institutions
• Bank account statements (checking, savings, money market, brokerage or other investment accounts), and as applicable, cancelled checks and check registers for such accounts for at least the preceding two years
• Quicken records and other computer generated reports utilizing personal accounting software and other similar financial data stored on a personal computer to which you have legal access for at least the prior two years
• Documents that evidence health, life (term or whole life), casualty, automobile and liability insurance, including copies of the policies, plan booklets or plan documents with descriptions of the medical, dental or other health insurance benefits.
• Complete statements for credit card accounts for at least the prior 2 years.
• Documents for all mortgages, equity lines, and other secured debts, including the loan and payment terms, amortization schedule and current balances owed.
• Deeds, deeds of trust, promissory notes, closing documents, appraisals, rental contracts, listing agreements and other related documents concerning any real estate.
• Titles, bills of sale, notes and amortization schedules for motor vehicles and other transportation vehicles
• Documents related to retirement plans and accounts and other deferred compensation (IRA, SEP IRA, Keogh, 401K, Profit Sharing Plans, Pension Plans) including account statements, plan descriptions, plan documents, benefit statements and account valuations.
• Documents related to life insurance and annuities, including policy contracts, statements showing cash value, and if there are any loans against any cash value, documents related to the loans.
• Your credit report.
• Documentation related to all stock owned, including investment account statements and stock certificates.
• If a party owns an interest in a closely held corporation, partnership or joint venture, or is otherwise self employed in a business, the following: 
• a. All corporate income tax returns for the past five years, including all schedules.
• b. Year end financial statements (profit and loss, balance sheets and statement of cash flow) for the previous five full calendar years.
• c. Monthly financial statements for the current year.
• Any appraisals of any property, including insurance appraisals, real estate appraisals, and any other opinions of value, such as market value analysis.
• Bills of sale of other documents related to the transfer of any property.
• Wills, trusts, powers of attorney and other estate planning documents.
• A copy of any premarital agreements executed prior to the marriage.
• Gift tax returns if either party received gifts from a third party prior to the marriage.

 This list is not all inclusive, and other relevant information is often needed, depending on the facts of each case. However, if you get this information together in advance, it will help your lawyer with the initial case assessment.

CAUTION:  Just because you are married does not mean that you are entitled to remove and copy whatever documents your spouse has that you can find, or access information in any way that you want. Rather, there are limitations about accessing documents information and privacy rights may apply, regardless of marital status. In some instances, criminal statutes prevent accessing information absent consent. If you have questions about whether you are entitled to access financial or other information, whether from your spouse's computer, lock box, brief case or other location, consult an attorney before doing so.

For more information contact: S. Nicole Taylor, Gailor, Wallis and Hunt, PLLC, a Raleigh, North Carolina Family Law Firm at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case. You may contact North Carolina Family Lawyers,  Gailor, Wallis & Hunt, PLLC, a full service divorce law firm, at 919-832-8488 or 910-509-7223.

S. Nicole Taylor, a Raleigh Family Law Attorney

Often when people marry one of the spouses has an ownership interest in a home that was purchased prior to the date of the marriage. When a divorce occurs, the court must determine whether the interest in the home is marital property subject to distribution with the personal property, retirement and other marital property or whether it is it the separate property of the owner-spouse and not subject to distribution.

Classification: Marital/ Separate Property

Under North Carolina law, when parties get divorced the court must first classify property as marital or separate property. Marital property is valued and distributed between the parties. Marital property is defined as all property acquired during the marriage and prior to the date of separation, except property that is classified as separate property. Separate property is defined as all property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. Separate property remains the separate property of the spouse who received the property.

Special Rule Regarding Real Estate

Under North Carolina law, real property acquired prior to the marriage or with separate funds which would ordinarily be the separate property of the spouse/ owner is presumed to be a gift to the marriage if the spouse titles the property as tenancy by the entireties. The presumption can be overcome, but it is the burden of the spouse claiming it was not a gift to show that he or she did not intend for it to be a gift to the marriage. The burden is very high to show that a gift was not his or her intent. Testimony alone is not enough. Additional evidence is required to overcome the presumption that a gift to the marriage was not intended when the owner spouse titled the property as tenancy by the entireties

Hidden Refinance Danger for Spouses

Very often when the owner/ spouse refinances the house, the mortgage company suggests or may insist that title be put in both spouses’ names. One of the reasons given is that the house can pass to the other spouse automatically in the event of the death of one of the spouses. However, the act of titling the house as tenancy by the entireties triggers the legal presumption that the owner spouse intended to gift his or her interest in the house to the marriage.

Active Efforts Create Marital Property

When there is an increase in value of the separate property and that increase is due to the efforts of the owner spouse (“active efforts”), then the increase in value should be classified as marital property and subject to distribution to the parties.  With respect to real property, active efforts include payment on the mortgage with income earned during the marriage or increasing the value of the home through additional improvements paid for with income earned during the marriage or with sweat equity.

Analyzing the conditions surrounding the titling of property and the intent of the parties as well as analyzing efforts that are active such that they contribute to an increase in value of the property versus an increase in value from merely passive forces such as the economy are highly technical areas under the law. When parties are getting divorced, there are a number of strategic issues involved in analyzing the transferring intent and the “active/ passive” factors relative to the owner spouse. One of the most important things a spouse must do when faced with divorce is to retain counsel with experience in real property issues in marital dissolution cases to provide essential advice on protecting the rights and assets of the real property owner.

Contributor: Cathy C. Hunt: Cathy C. Hunt, Raleigh Family Law Attorney is a leading North Carolina Divorce Lawyer and is experienced in business valuation in cases of separation and divorce. She is a partner with the North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC. For more information contact: North Carolina Family Law Firm, Gailor, Wallis & Hunt, PLLC, 1101 Haynes Street, Suite 201,Raleigh, NC 27604,Tel: 919-832-8488, www.gailorwallishunt.com.

I would like to congratulate you on having been selected by your peers for inclusion in the 2009 edition of The Best Lawyers in America® in the specialty of Family Law. For over a quarter of a century, Best Lawyers has been regarded - by both the profession and the public - as the definitive guide to legal excellence in the United States.

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Again, congratulations on being chosen by your fellow attorneys to be included in The Best Lawyers in America.

Sincerely,

Steven Naifeh
Editor-in-Chief
Best Lawyers
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