Deborah Throm discusses your options for settling your case out of court.
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Dividing the Property is often one of the biggest issues in divorce. Property Distribution can be decided by a judge or by an agreement put into place by you and your spouse. In this
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How much child support would a court order?
How long does Child Support last?
How is Child Support enforced?
Lisa Angel, a Board Certified Family Law Specialist, answers these questions, and more,
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Get advice from Rosen attorneys and an online community of individuals dealing with the same issues you face.
Click here to visit the forum
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The Divorce Legal Seminar will teach you how to protect your assets, keep the house and even save your business. You will learn ways to protect your retirement and your future.
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Use our convenient calculator to determine a starting point for child support payments according to North Carolina state guidelines.
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In determining alimony payments, the person paying alimony needs to make sure that the “alimony recapture rule” does not apply to his or her settlement.
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Among the most frightening aspects of hiring a law firm are the fees. How much will it cost? When do I need to pay the fees?
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Since property settlements can be very complicated, a lawyer can help you decide which of your belongings are marital property and which are separate property, and advise you as to how the court will divide that property.
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Family Law Attorneys by County in North Carolina
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Since our cases evolve daily, we encourage each client to use this feature to stay abreast of new information, developments, as well as the progression of their case.
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How is a spouse entitled to Alimony? Under what circumstances would a court award Alimony? Isn’t Alimony just for wives?
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Child Custody is a tricky issue in many families. In this video, Lee Rosen explains the terminology involved in Child Custody, how judges handle Child Custody cases in the courtroom, what could
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Do you really have to talk to a lawyer before you get a divorce? What can an attorney tell me about divorce, that I can’t already find on the internet or in books? Are Child Custody,
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What is included in an Absolute Divorce? How difficult is it to get an Absolute Divorce in North Carolina? What is required to get an Absolute Divorce? Can I do this on my own?
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This complaint is intended only to provide you with an example of this type of document to illustrate the other materials on this site. Use of this form as your complaint would be a mistake. This
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Welcome to North Carolina Divorce. In this video Lee Rosen welcomes you to the site and explains the organization of North Carolina Divorce.
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§ 50‑41. Purpose; short title. (a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising
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§ 50‑62. Construction; uniformity of interpretation.(a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act
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§ 50-61. Article not retroactive.This Article applies to agreements made on or after October 1, 1999, unless parties by separate agreement after that date state that this Article shall apply to
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§ 50-60. Appeals.(a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of the following:
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§ 50‑59. Court; jurisdiction; other definitions.(a) The term “court” means a court of competent jurisdiction of this State. Making an
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§ 50-58. Applications to the court.Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon notice provided by law
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§ 50‑57. Orders or judgments on award.(a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be
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§ 50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances(a) A court or the arbitrators may modify an award
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§ 50-55. Modification or correction of award.(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at
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§ 50-54. Vacating an award.(a) Upon a party’s application, the court shall vacate an award for any of the following reasons:
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§ 50-53. Confirmation of award.Unless the parties agree otherwise, upon a party’s application, the court shall confirm an award, unless within time limits imposed under G.S. 50-54 through
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§ 50‑52. Change of award by arbitrators.(a) On a party’s application to the arbitrators or, if an application to the court is pending under
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§ 50-51. Award; costs.(a) The award shall be in writing, dated and signed by the arbitrators joining in the award, with a statement of the place where the award was made. Where there is more
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§ 50-49. Witnesses; subpoenas; depositions; court(a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books,
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This agreement is a sample separation agreement intended only to provide you with an example of this type of document to illustrate the other materials on this site. Use of this form as your
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§ 50-48. Representation by attorney.A party has the right to be represented by counsel at any proceeding or hearing under this Article. A waiver of representation prior to a proceeding or
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§ 50-46. Majority action by arbitrators.The arbitrators’ powers shall be exercised by a majority unless otherwise provided by the arbitration agreement or this Article. (1999-185, s. 1.)
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§ 50-45. Appointment of arbitrators; rules for conducting(a) Unless the parties agree otherwise, a single arbitrator shall be chosen by the parties to arbitrate allmatters in dispute.(b) If the
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§ 50‑44. Interim relief and interim measures.(a) In the case of an arbitration where arbitrators have not yet been appointed, or where the
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§ 50-43. Proceedings to compel or stay arbitration.(a) On a party’s application showing an agreement under G.S. 50-42 and an opposing party’s refusal to arbitrate, the court shall order
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§ 50-42. Arbitration agreements made valid, irrevocable, and enforceable(a) During, or after marriage, parties may agree in writing to submit to arbitration any controversy, except for the
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§ 50-41. Purpose; short title.(a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising from a marital separation or divorce, except for the
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Can one spouse quit during the collaborative law process?
Nothing in the Collaborative Law Participation Agreement stops a party from terminating the collaborative law process to pursue litigation
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What is an attorney’s role in collaborative law?
Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement
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What is an attorney’s role in arbitration?
Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal
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How is arbitration initiated?
You and your spouse can agree to arbitration or it can be court ordered.
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What is the attorney’s role in mediation?
Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal
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How is mediation initiated?
Couples can agree to mediate their case at any point; however, in many states, mediation is required by the court after a lawsuit has been filed. For example, North
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What is the goal of collaborative law?
Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that
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Is the arbitrated decision binding?
Unless agreed otherwise by the participants, the decision is binding and will become a court order. You can always request the order to be vacated, modified, or
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How do I find an experienced arbitrator?
You and/or your attorneys will select the arbitrator.
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What if my case isn’t resolved through mediation?
If already in litigation, you and your attorney will continue negotiation as well as prepare for trial. If working on a mediated agreement, you
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How can I find an experienced mediator?
Your lawyer can help you to select a mediator or, if in court, a judge can appoint one. Mediators can be lawyers, mental health professionals, clergy, and other
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Should I meet with an experienced divorce law attorney before deciding on mediation and/or arbitration?
Yes. You should meet with an experienced divorce law attorney who can explain your rights,
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WHY GO WITH THE COLLABORATIVE PROCESS? How can you divide 12 oranges in half and still give both parties 12 oranges? Depending on the part of the orange each wants (the zest or the meat), the
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The exact attorney fee will vary with the services you require. Many law firms charge their clients a certain fee per hour. It is difficult for these attorneys to accurately predict the cost or your fee because they do not know precisely how much time it will take to complete your case.
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No matter who initiates a divorce and whether or not you see it coming the process is always very difficult. By having an understanding of what goes on in a divorce and of what you can do to help
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In some cases, spouses can work together to reach a settlement – avoiding trips to court and all the associated stress.When families begin to contemplate separation and divorce, their first
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Arbitration is an option that involves a third party called an arbitrator. Arbitrators, unlike mediators, act like a “judge,” as they are professionals trained to hear testimony, take take evidence, and issue actual decisions for the couple.
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Date: 12/2/2006 4:09:45 PM
Mediation is the most common dispute resolution option; however, it is often misunderstood. Mediation allows you and your spouse to reach a fair settlement with the help of a third, neutral party
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§ 50-47. Hearing.Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and notify the
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The first thing you need is a solid understanding of how divorce law works in North Carolina. This article describes the basic substance of separation and marital dissolution law in North
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These are the five things you must do before you act on any thoughts you have about divorce. These steps are specific to North Carolina divorce, but can be applied to divorce in most states. It’s important to be certain that you have done the things you need to do to feel good about your [...]
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Collaborative Divorce is a new way for a divorcing couple to work as a team with trained professionals to resolve disputes respectfully, without going to court.
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There’s no other way to say it: Using a lawyer can make a genuine difference in how you feel during the process of separation and divorce. A lawyer who truly listens to you and responds appropriately can greatly reduce your fears, uncertainty and confusion. A lawyer who doesn’t listen to you, or who botches your [...]
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