Asheville Legal Blog

When middle-aged or older people in North Carolina decide to divorce, they likely have accumulated significant marital assets. To negotiate an equitable division of marital property and possibly calculate child or spousal support, both parties must identify all marital assets and income. Retirement accounts, inheritances, life insurance policies and future Social Security benefits all enter the equation when determining the final terms of the divorce.

The law views retirement accounts as marital property. People getting divorces need to become familiar with the specific documentation for their retirement plans. The plan rules direct how divorce distributions are valued and authorized.

When people are accused of a crime in North Carolina, prosecutors and even judges and juries often rely heavily on the statements and testimony of police. Unfortunately, there have been multiple cases of wrongful convictions related to police misconduct, deception or outright lies during testimony. Advocates for criminal justice reform are urging district attorneys and prosecutors to refuse to work with police with records of lying and other forms of misconduct in order to prevent future wrongful convictions. They are also urging prosecutors to exclude testimony from cops who have made racist or violent statements.

The letters by these advocates came in response to exposure of Facebook posts and groups containing members of various law enforcement agencies. One group, The Plain View Project, screens the Facebook pages of police officers for violent or racist posts that call into question their ability to handle matters in an unbiased or objective manner. In addition to Facebook posts, the advocates noted that histories of discipline for misconduct, bias and racism are also relevant to police testimony in criminal cases. For example, corrupt police could have a history of falsifying testimony in exchange for money, drugs or other benefits.

Your retirement assets are significant, perhaps more valuable than any other single asset that you own. When you start heading toward divorce, what happens to these assets? Do you need to divide them with your spouse?

You may. Retirement accounts built up during marriage generally count as marital assets -- barring the use of a prenuptial agreement or something along these lines -- and have to get split up like other financial assets. You can do this with a Qualified Domestic Relations Order (QDRO).

Marriage is difficult for many couples in North Carolina. Sometimes, nuptials fall apart at the seams and result in divorce. In 2017, approximately 800,000 divorces took place in the United States. Statistics show that couples divorce for specific reasons. The National Center for Biotechnology Information (NCBI) conducted research regarding the main reasons Americans end their marriages.

Domestic violence constitutes one important reason couples get divorced. Physical harm and verbal abuse are both viable reasons to separate. Whether the abuse is physical or emotional, any type of threat tends to destroy a marriage. Although anger management classes may help some spouses, others continue to play abusive roles that lead to an eventual divorce. Substance abuse is another reason for splitting. Whether the culprit is liquor, beer or harder drugs, any type of substance abuse can cause a spouse to become irresponsible or violent.