Asheville Legal Blog

Have you heard people talk about some of the more modern approaches to the family home after divorce? For instance, some couples literally share the home, moving in and out with the custody schedule, so that the children do not have to move. They call it "nesting." Other couples continue to own the house together, perhaps renting it out and using it as an income property.

For you, though, these new approaches feel far too complex. You don't want to stay that connected to your ex. While you understand that a home is not an asset you can divide like a savings account, you also know that the home is an asset with a financial value. It's that value that you want to divide.

The question of why some marriages fail where others succeed is an important one for any North Carolina couple on the way to the altar. Prevailing wisdom has it that marriages always start off optimistically with high energy that wanes over time into stability and ease. In short, marriage is often seen as a path to a place couples are not enthusiastic about being once they get there. One Forbes contributor takes a closer look at the myth through the lens of a study found in Social Psychology and Personality Science.

According to the author, the existing literature has drawn heavily on one population for determining marriage trends, namely white and middle class couples. The study in question took a different tack by selecting its cohort from Los Angeles County's economically disadvantaged neighborhoods. The authors found that economic security tended to influence satisfaction of women more so than men, even at the outset of the marriage.

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.