Allen & Spence Blog
How Can I Modify or Revoke My Premarital or Prenuptial Agreement?
I have been asked this question many time over my years of practice: "I signed a premarital agreement, got married, and now don't want it; how can I make it go away?" The answer provided by G.S. § 52B-6 and case law on the issue is that the premarital...
Premarital Agreements
North Carolina adopted a version of the Uniform Premarital Agreement Act and our version of the act is is applicable to any premarital agreement executed on or after July 1, 1987. A premarital agreement is a documents signed by parties in anticipation of...
Why would I need a child custody order?
This is one of the questions I get asked all the time by parents going through divorce: "Why do I need a child custody order?" The answer is, in a word, enforcement. A court order, that is a document signed by a judge requiring certain behavior, is very...
When and How Should an Equitable Distribution Claim be Made?
I often get asked how a claim for equitable distribution can be asserted in North Carolina and if there are any rules about when the claim must be made. The short answer is: file your equitable distribution claim before the judge grants the divorce and if...
Equitable Distribution and the Trial Court in NC
G.S. § 50-20(a) provides that "[u]pon application of a party, the court shall determine what is the marital property and divisible property, and shall provide for an equitable distribution of both between the parties in accordance with the provisions of...
What is required for a divorce in NC? The basics.
An absolute Divorce in NC changes the status of a married couple to being unmarried. An absolute divorce in North Carolina ends the marriage. The absolute divorce does not resolve property, alimony, child custody, child support, or other issues. If you decide to...
