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Kenly North Carolina Legal Blog

How to choose the right guardian for your children

There is a lot that goes into creating an estate plan. If you have children under the age of 18, it's critical to name a guardian. This is the person who will raise your children should you and your spouse pass on.

Since this is such a big decision, it's one that requires your full and undivided attention. Furthermore, you don't want to put it off, as doing so will only add more stress to your life.

How to help children grow and develop in the wake of divorce

You know that your divorce is not ideal for your children, even though you feel like it was the right decision for you and your ex. You worry about how the children will grow up and develop in this new lifestyle. What can you do to make them healthy, resilient and well-adjusted?

It takes commitment on your end. But that does not mean it is impossible. Here are a few ways you can actively work to help your children moving forward:

Consider the potential benefits of a trust in your NC estate plan

In the minds of many people, estate planning basically means creating a last will. That is certainly a significant part of the estate planning process, but it isn't the only concern. Creating power of attorney documents to protect yourself in the event of incapacitation is also important. However, your options for estate planning in North Carolina are not that straightforward or limited.

In fact, there are many options available that can help you create a custom estate plan that uniquely suits your family situation. For many people, the creation of a trust can be a beneficial step in the estate planning process. You don't need to have a seven-figure income to find the use of a trust valuable in estate planning. While trusts do offer tax benefits, they have many other uses as well. There are many kinds of trusts, which each offer their own benefits.

Marital property division in North Carolina -- The basics

If you are considering divorce and live in the Kenly area, you might be wondering how the court will divide your marital property. While some states use the community property method to the divide assets and debt of a divorcing couple, most other states, including North Carolina, use the principals of equitable distribution.

While the states that use the community property method tend to make an almost equal split of marital property between divorcing spouses, the equitable distribution method is designed to give each spouse a fair share of the property based on various factors. The following includes some basic information to help you understand how equitable distribution works in North Carolina.

5 tips for your first purchase of a family home

Buying a home is a major step for couples, and it's something that does come with plenty of potential issues. When you're ready to buy your first home, it's important that you know what you can do to protect yourself and your interests.

There are a few tips that can make your home-buying experience better. Here are five tips to help you stay on track and get the home of your dreams.

Why your powers of attorney are almost as important as a will

You know you need to do estate planning. You have always assumed that just means drafting a will. You assume you can split your financial assets evenly between your two children, give one of them the house and the other the vacation cabin, and then split up minor assets simply based on who wants what. It should be fast and simple. That's all there is to it.

It's not. While it is good that you started thinking about writing a will and doing estate planning, it's almost never that simple. For instance, you also need to think about your legal power of attorney and your health care power of attorney. These documents are almost as important as your will.

Neutrality in custody: Child exchanges in neutral territories

You may not have considered it, but once you have a parenting plan and decide to drop off your child to the other parent, where will you do so? Is it really a good idea to invite your ex-wife or husband to your home? Would you feel comfortable arriving at his or her home?

There's no question that divorces sometimes leave a negative feeling behind for the parents involved in the split. That can mean that meeting on someone's home ground isn't the best plan. Instead, it is a better idea to keep things neutral, at least until enough time has passed that you both feel comfortable allowing each other closer to your personal lives.

Why you should stay away from social media during a divorce

You will probably experience a lot of difficult emotions during your divorce process. This may cause you to reach out to friends and family for support, and what better way to do that than utilizing Facebook and other social media outlets, right? Actually, using social media right now might be a bad idea.

Your best course of action is to completely avoid Facebook and all other social media websites during your divorce proceedings. This is because, no matter how careful you are, it's easy to make a mistake by posting "too much information" or status updates that could be misinterpreted and used against you in court during your divorce.

What does a court consider parenting time interference?

Many parents find that it takes some time to get used to the realities of sharing custody of a child. Whether two parents enjoy fairly equal time with a child or one parent retains most privileges, the rights of each parent are important to respect, and violating these rights repeatedly or severely may result in serious consequences. When a parent's behavior grows from inconvenient or frustrating actions to obstruction, courts may find the parent guilty of parenting time interference.

If found guilty, a parent may lose custody privileges, face a court order to make up lost custody days, or may even face criminal charges in some extreme cases. Many parents choose to address these issues directly by including specific language in their parenting agreement that prohibits such behavior and outlines specific remedies if a parent violates the others rights.

Things to know about the creation of a parenting agreement

As you go through the divorce process, you can't help but think about how this will impact your relationship with your children.

While things are sure to change in the near future, it's good to know there are steps you can take to put yourself in a better position. For many people, this starts with the creation of a parenting agreement.

Lucas & Davis, P.A
209 West 2nd Street
PO Box 910
Kenly, NC 27542-5001
Phone: 919-284-5106
Fax: 919-284-6942
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