A North Carolina insurance firm recently announced its plan to provide individuals with insurance policies to protect against the financial impact of divorce. The company, SafeGuard Guaranty Corp., aims to provide financial assistance to cover the costs of separation, divorce and its aftermath.

According to SafeGuard's WedLock product description, individuals purchase "units" of initial protection with payouts starting at $1,250 and reaching as high as $250,000. Policyholders pay $15.99 per month for each unit. Over time, the policies mature and offer payouts from $6,250 to $1,250,000. Safeguard explains, "you buy what your needs are and what your budget will allow but the big difference is that the coverage amount grows over time without any increase in your premium."

The company even offers a divorce likelihood calculator, offering an analysis based on areas of an individual's life such as race, parental marital status, level of education and spiritual beliefs. Again, referring to the company's website, "WedLock Divorce Insurance will provide a financial safety net for those people unfortunate enough to be impacted by divorce."

The Raleigh divorce lawyers of Gailor, Wallis and Hunt explain that knowledge of your options is the best way to prepare for a divorce. While purchasing divorce insurance prior to marriage may seem like a great way to set aside a fund that cannot be accessed by the other spouse, it may also not be available to the policyholder if a divorce never occurs.  Further, the fact that premiums will be paid on a monthly basis after marriage, raises issues of whether the policy will be marital property in some states, like North Carolina, and potentially the accumulated value of the insurance will be divisible between the spouses - a fact which would substantially diminish the value of the  insurance to the spouse making the purchase. Further, a divorce insurance policy may trigger conflicts regarding perceptions about commitment levels towards the marriage and feelings of resentment stemming from the self-serving interest of the policy.

Considering a prenuptial or postnuptial agreement (if already married) would produce more certain results.

Prenuptial agreements provide each party with a variety of options. Not only do they offer more variety in terms of asset protection in case a divorce is necessary, but they also offer estate-planning opportunities. These contracts can address retirement benefits, allocation of debt, alimony, household bills, credit card charges, procedures for filling tax returns and even estate planning issues, such as providing for children from prior relationships.

This protection can provide comfort to both parties: that in the event of a separation or divorce, each party is protected. Discussing a prenuptial agreement with your soon-to-be spouse can help settle issues that could become adversarial during a divorce. 

As marriage is a team effort, it should begin with a dual effort to ensure its success. Rather than looking into divorce insurance that could only benefit the policyholder, consider  an agreement that would work to meet the needs of each party. While it is important prior to marriage to acknowledge the possibility of a divorce, it is not necessarily a wise decision to begin a marriage with insurance dependent on the failure of  the marriage.

The North Carolina family attorneys of Gailor, Wallis and Hunt can help you prepare your prenuptial agreement so your assets will be protected, should a divorce occur. The highly respected attorneys of Gailor, Wallis and Hunt have dedicated their lives to helping couples plan and preserve their marriage and family, but are also dedicated to helping men and women in the divorce process obtain a favorable and equitable divorce.

GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

To contact the family law attorneys of Gailor, Wallis and Hunt, call (866) 666-1491.

Gailor Wallis & Hunt

Divorce is tough, so are we.

It is not uncommon for a woman to out-earn her male counterpart. Nor is it uncommon for spouses to commit acts of infidelity. As both scenarios are commonly discussed, analyzed and predicted, a new study has found a correlation between the two. According to a study done by a Cornell University graduate student, men who earn less than their female partners are more likely to cheat. Furthermore, women with higher salaries than their male partners or spouses are more likely to stray.

The family law attorneys of Gailor, Wallis and Hunt previously discussed the shifts in marriage trends and pointed out the prevalence of women out-earning men in marriage. According to a report from the Pew Research Center titled "Women, Men and the New Economics of Marriage," cited in an prior article by Gailor, Wallis & Hunt titled, Marital Model Reflective of Economics, the number of women who earn more than their male counterpart is growing.

The rise in women's earnings corresponds with their rise in educational level. Women currently comprise the majority of college graduates. According to the Pew report, 28 percent of wives had higher educational levels than their husbands in 2007.

This rise in education and resulting income for women is accompanied by a less-than-positive side effect, though, according to a recently released study. According to Cornell University graduate student and study author, Christin Munsch, men who earn less than their female counterparts are more likely to cheat. Similarly, women who are primary breadwinners are more likely to cheat on their partner.

The divorce attorneys of Gailor, Wallis and Hunt present the findings of the new study, "The Effect of Unemployment and Relative Income Disparity on Infidelity for Men and Women," which was first reported by HealthDay News, and later picked up by Bloomberg, Businessweek and Newsweek. According to the article, findings "suggest that disparities in moneymaking play a significant role in infidelity."

In the HealthDay article, Munsch explains the inspiration for the study arose after talking to a male friend who cheated on his partner. The friend explained that his girlfriend made the majority of the money in the relationship, held more friendships and that he moved to the area to be with her. He explained he felt powerless in the relationship. Munsch explained that previous research into infidelity never examined differences in income between the parties.

The study consisted of a national survey that tracked 9,000 people from 1997 to 2007. Munsch focused on the survey results from 2001 to 2007, when the participants were between the ages of 17 and 27. She found that money issues, such as the woman making more or less than her male partner, played a role in infidelity risks. Munsch speculated the inclination for a man to cheat on a woman who earns more than he does to be the product of "gender identity threat." The study also reported that infidelity rose on both sides if one partner earned a substantially higher salary.

As the study author points out, the probability of a spouse cheating on account of salary differences is not 100 percent. It is simply a factor in the long list of contributors to infidelity.

If infidelity has reared its ugly head in your marriage, and separation or divorce seems imminent, it is important to seek counsel from an attorney experienced in divorce and family law. Infidelity can have legal ramifications depending on the state in which the parties live or the divorce action may be filed. In North Carolina, infidelity by the dependent spouse can bar the entitlement to alimony while infidelity by the supporting spouse can require the cheating spouse to pay alimony if the other spouse is financially dependent. In addition, in North Carolina, infidelity can be the basis of a claim for alienation of affections and criminal conversation against the third party with whom the cheating spouse was involved.

Each attorney in the firm of Gailor, Wallis & Hunt possesses a particular proficiency in a specific area of family law, enhancing the firm's ability to respond to and settle or litigate any issue, no matter how complex,  including all aspects of separation and divorce, custody, support and tort claims such as alienation of affections and criminal conversation. The lawyers at Gailor, Wallis and Hunt are ready and able to help you through the divorce process whether by achieving a successful settlement for you or , if necessary, by litigating in the courts.

To contact them, call them at 866-362-7586, or visit their website at www.gailorwallishunt.com.

Gailor, Wallis & Hunt, PLLC

Divorce is Tough - So Are We

Lack of preparation for a divorce can not only lead to additional and unnecessary emotional distress, it can also result in detrimental mistakes on both an emotional and legal level. In an article titled, "Top 10 Legal Mistakes in Divorce," Divorce360, an online resource for individuals contemplating, living through or recovering from divorce, referred to Loriann Hoff Oberlin's "Surviving Separation and Divorce" when describing the typical mistakes made by divorcing spouses.

The family lawyers of Gailor, Wallis and Hunt describe the top five mistakes that cause many divorcing spouses  unnecessary grief:

Believing your soon-to-be ex will be fair and cooperative:

Thanks to emotional turbulence during a divorce, spouses can butt heads over minute details that never before were an issue. Court divorce is an adversarial process that evokes conflict. The best way to approach divorce is to put yourself first, as your spouse will likely do the same.

Not asking questions:

As the legally inexperienced person may feel intimidated by the system, the concept of asking questions may appear daunting at first. Do not let fear get in the way of understanding your rights and benefits. Communication with your lawyer and other professionals that may be assisting you is key to understanding the consequences to you  - financial and emotional - as  the divorce action proceeds. Write down any questions or issues that come to mind and ask your lawyer for specific answers - and write down the answers.

Withholding information from your attorney:

Remember, your lawyer has your best interests in mind. While divorce may elicit feelings of distrust towards your spouse, the sentiment should not transfer to your attorney. Withholding information pertinent to the litigation only slows the process to a final resolution. Remember, they are lawyers, they find out everything sooner or later. Failure to tell your lawyer certain facts may be crucial in trial - particularly if your spouse knows the information you are withholding and his or her lawyer uses it against you at trial. Your lawyer will have little if any chance to deal with harmful, unexpected testimony in court.

Letting emotions steer decisions:

As the lawyers of Gailor, Wallis & Hunt know - divorce is tough.. But allowing emotions rather than logic to steer your decisions will undermine your case. While some may feel victimized or want revenge, others feel anxious and angry. In hindsight, rash decisions are almost always turn out to be a mistake. Discuss the consequences of a potential decision with your lawyer and other advisors before taking action - you will likely save yourself from a serious  and perhaps costly mistake. It is far easier to prevent a mistake than to fix the consequences.

Forgetting tax ramifications of legal decisions:

Divorce litigation consists of , real and personal property including retirement accounts, as well as post separation support and alimony all of which are accompanied by tax ramifications that will last much longer than the emotional turmoil from the divorce. If part of your 401K is transferred to your spouse is the transfer taxable? If you pay or receive alimony is it taxable to you or deductible by your spouse? These questions are very important but unfortunately often overlooked by unhappy spouses who want to hurry up with the divorce. Ask your attorney what will happen if you are forced to split your retirement account or have to pay alimony and what the long term consequences will be. Make sure the proposals on the table for division of property and payment or receipt of support are worth it in the long run.

When it comes to divorce, the splitting of assets and debts accumulated through the relationship is an unavoidable, yet necessary process. It ensures both parties receive what is rightfully theirs but unfortunately can result in lengthy disputes that require court trials. Hiring an attorney experienced in family law is the best way to survive the storm. The law firm of Gailor, Wallis and Hunt is known as one of North Carolina's most accomplished domestic relations family law firms.

Each attorney in the firm possesses a particular proficiency in a specific area of family law, enhancing the firm's ability to respond to and settle or litigate any issue, not matter how complex. The lawyers at Gailor, Wallis and Hunt are ready and able to help you through the divorce process whether by achieving a successful settlement for you or , if necessary, by litigating in the courts.

To contact them, call them at 866-362-7586, or visit their website at www.gailorwallishunt.com.

Gailor, Wallis & Hunt, PLLC

Divorce is Tough - So Are We

Parker-Pope sheds light on the typical traits that accompany this condition in the article, "Attention Disorders Can Take a Toll on Marriage," and offers an explanation as to why the problem may have been overlooked. As Parker-Pope explains, the problems associated with ADHD and its effect on adult relationships is receiving more attention from mental health experts as they realize all children with the disorder did not outgrow it, or were never diagnosed.

Adults struggling with the disorder have learned coping skills in order to adapt to every day work situations, but many still suffer at home where their susceptibility to distraction is greater. Parker-Pope points out that the common symptoms of the disorder, which are distraction, forgetfulness and disorganization, can and oftentimes are misinterpreted by the other spouse as laziness, selfishness and lack of love and concern.

Parker-Pope references Melissa Orlov, author of soon-to-be published book "The ADHD Effect on Marriage" when describing the turmoil the disorder can cause. Orlov explains in an interview, "I felt like he was consistently inconsistent," in reference to her husband who was diagnosed with the disorder approximately five years ago. She adds, "I could never count on him. It goes from feeling responsible for everything to just chronic anger. I didn't like the person I'd become either."

Orlov also explains, "Typically, people don't realize the ADHD is impacting their marriage because there's been no talk about this at all."

The article points out that some research suggests that adults suffering with ADHD are twice as likely to be divorced. Another study found high levels of distress in 60 percent of marriages affected by the disorder, according to Parker-Pope.

As Parker-Pope points out, marriages plagued by ADHD can leave one spouse with all of the family responsibility. Partners not suffering from the disorder may feel ignored or unloved as a result of their spouse's distraction. Concurrently, a spouse suffering with the disorder is typically unaware of his or her mistakes and resultantly confused by the other's anger.

The lack of understanding and communication that results from relationships suffering from ADHD can build up, according to Parker-Pope, and result in long-lasting anger and resentment.

While there are treatments for ADHD, initial medications typically do not solve the backlog of problems that are resultant of the impact of ADHD on the marriage over the years. Parker-Pope suggests counseling, but acknowledges the problems may just be too big. She explains, "One of the biggest challenges is for both spouses to accept the very real toll an attention disorder can take. Often the partner without ADHD worries that the diagnosis will give the other partner an excuse for not helping; meanwhile, that partner typically has a hard time understanding how his or her behavior affects others."

If traditional counseling, therapy or medication proves futile in solving your marital feuds, ADHD may have already taken a permanent and irreversible toll on your marriage. If you believe your marriage has suffered enough and is beyond repair, it may be time to seek the counsel of an experienced divorce attorney. The family lawyers of Gailor, Wallis and Hunt are dedicated to excellence in the practice of divorce law and commitment to their clients.

To contact any of the lawyers at Gailor, Wallis & Hunt, call them at 866-362-7586, or visit their website at www.gailorwallishunt.com.

Gailor, Wallis & Hunt, PLLC

Divorce is Tough - So Are We

When it comes to feuding parents, the phrase "staying together for the kids"  is an often used rationale for maintaining an intact family - but one that is fractured by parental fighting ranging from physical violence to emotional and mental abuse to cold indifference and visible lack of love and affection. The fear that divorce may emotionally scar a child overrides the desire to separate and leads to unhappy couples, and their children suffering through a miserable marriage. A recent article from Live Science cited by MSN and Fox News, highlights a study that claims exposing children to conflict is more detrimental than divorce.

Children exposed to constantly fighting parents experience more conflict in their own adult relationships than those whose parents divorced, according to a recent study led by Dr. Constance Gager at Montclair State University. While the research was presented at the Annual Meetings of the Population Association of America, the study, "Effects of Parental Marital Discord on Adult Child Outcomes," awaits publication, according to Live Science writer Rachael Rettner.

A press release from Montclair State University announcing Gager's grant for the study explains Gager's research, "investigate[s] whether marital conflict is transmitted across generations by examining if children who were exposed to continued and high levels of conflict and low marital quality are more likely to have conflict ridden, unhappy relationships as adults than children whose parents divorced or who remained in low conflict marriages."

Gager explains to Live Science, "Don't stay together for the sake of the children if you're in a high conflict marriage."

To prove the point, Gager and her team of researchers analyzed the results of a national survey of nearly 7,000 married couples and their children within the United States. The survey began in 1987. Participant couples were asked to gauge the level of conflict surrounding money, household tasks, in-laws and other argument-inducing topics.

The survey revisited the families between 1992 and 1993 and questioned both parents and children, if aged to at least 10 years. Researchers conducting the survey assessed the change in conflict between the parents and whether or not they divorced.

The third phase of the survey took place between 2001 and 2002. The children, now adults aged between 18 and 34, were the focus. For those who were married or cohabitating, questions about levels of happiness and conflict within their current relationships were asked and the responses assessed.

According to Rettner's article, children who were raised by feuding parents experienced better adult relationships if their parents divorced. Gager backs up the conclusion, stating, "There is research to show in the short-term, kids go through a one-to two-year crisis period when their parents divorce, but that they are resilient, and they come back from that divorce." Gager adds to the argument, "if [children are] constantly exposed to conflict, and the parents stay together, that means there's many more years they're exposed to conflict by their parents...Whereas if their parents get divorced, at least there's a chance the parents will have less conflict after the divorce."

As is explained on the release declaring Gager's research goals, "Although some level of conflict is inherent in all relationships, persistent, destructive conflict has real and pervasive negative consequences."

If fighting is a constant occurrence within your marriage and children are exposed to the negativity on a regular basis, seeking a divorce may be in the best interest of your children. North Carolina divorce lawyers Gailor, Wallis and Hunt, have dedicated their lives to helping men and women work through the divorce process  through successful settlements achieved in mediation or arbitration or, if necessary, through litigation in the courts

Located in Raleigh, North Carolina, the family law firm of Gailor, Wallis & Hunt has a combined 80 years of experience in all aspects of divorce.  To contact any of the lawyers at Gailor, Wallis & Hunt, call them at 866-362-7586, or visit their website at www.gailorwallishunt.com.

Gailor, Wallis & Hunt, PLLC

Divorce is Tough - So Are We

Raising the topic of a prenuptial agreement with a soon-to-be spouse may be a tricky question; but a necessary one, according to The Wall Street Journal. A recently published article, titled "I Love You, You're Perfect, Now Sign Here" highlighted the awkward response often elicited when asking a prospective spouse to sign a premarital contract oftentimes elicits.

When 52-year-old Laura Jackson received a marriage proposal from her now-husband, she admitted to being surprised and a little shocked with the following question, "Will you sign a prenuptial agreement?" She explained, "It definitely took a little bit of the romance out." Her soon-to-be husband was previously married, had a college-age son and several real-estate investments, according to the article. Jackson had never been married. Her surprise turned to acceptance though, as she found the discussion of assets to be a necessary and beneficial one.

According to Marlene Eskind Moses, president of the American Academy of Matrimonial Lawyers, prenuptial agreements among the baby boomer generation have "become more commonplace in the market as an estate-planning opportunity." In other words, established adults who are marrying, whether for the first or third time, are taking the opportunity to address the financial aspects of their unions. The perception of prenuptial agreements has morphed from one of ominous distrust to a situation that ensures peaceful distribution of assets.

In the case of Laura Jackson-Zaremba and her husband, their prenup covered everything from existing properties to life insurance policies. With the assistance of lawyers, Jackson-Zaremba and her husband agreed the majority of investment property would remain under Zaremba's ownership until a specified date, after which ownership would become a 50-50 split. They also agreed that neither party would inherit each other's debts in the case of dissolution. Coming up with a plan of action helped Laura, according to her testimony.

Laura explained, "The prenup changed me." She acknowledged her newfound ability to discuss money, and how it helped her become "more assertive." She realized the prenuptial agreement was more for mutual protection rather than her soon-to-be husband's unwillingness to share.

The Wall Street Journal described the situation those without a prenuptial agreement face as being "at the mercy of a smorgasbord of state laws in the event of a divorce or death." The difference between "community property" states and "equitable distribution" states can result in divorcees receiving a 50/50 split of all assets or a variation determined fair by the courts.

According to Moses, prenuptial agreements today have even branched out to describe terms of marriage.  Issues addressed within the agreements can include adultery, intimacy or weight gain. Some contracts even determine future children's religion, or how they will be educated. Prenuptial agreements not only cover the traditional issues of property and finances but other marital issues important in a successful marriage consistent with the parties' expectations of each other.

When deciding whether a prenuptial agreement is necessary or appropriate and what provisions should be included, each party should obtain his or her own lawyer. The family law office of Gailor, Wallis & Hunt can help you prepare your prenuptial agreement so that in the case of a divorce or death, your assets will be protected.

The highly respected attorneys of Gailor, Wallis and Hunt have dedicated their lives to helping couples plan for, and preserve their marriage and family, but are also dedicated to assisting men and women obtain a fair and equitable divorce when that is the only alternative. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

To contact any of the lawyers at Gailor, Wallis & Hunt, call them at 866-362-7586, or visit their website at www.gailorwallishunt.com.

Gailor, Wallis & Hunt, PLLC

Divorce is Tough - So Are We

The North Carolina family lawyers of Gailor, Wallis and Hunt explain that the likelihood of a marriage of long duration ending in divorce is relatively small, citing a recently released report from The Pew Research Center, "At Long Last, Divorce." The report provides divorce statistics among those who have remained in long-term marriages and concludes that the probability of divorce after 40 years of marriage is slim.

In 2008, a Census Bureau survey found that only half a percent or less of couples who had been married for 40 years or more obtained a divorce in the previous 12 months. In other words, only one-half percent of all married couples, who had been married for four decades or more, sought a divorce between 2007 and 2008. For those who had been married only 25 years (while still a feat for many); the divorce rate jumped a half percent.

However, the report also points out that the likelihood of a marriage lasting deteriorates as the years pass.  Among men who got married for the first time between 1970 (the Gore's wedding date) and 1974, 89 percent were still married to the same woman on their fifth anniversary. The percentage of those men who were still married ten years later dropped to 74 percent. Only 65 percent of men married between 1970 and 1974 were still married to their first spouse 15 years later. The percentage of men who remained married after 25 years was 54 percent. In other words, only 46 percent of the marriages made it to the 25-year mark. The report stated that trends for women were approximately the same.

The report also asserts that although adults in the Gores' age group, (Al is 62) comprise a small share of people who divorce in any given year, their cumulative likelihood of ever having gone through a divorce is higher than that for most others age groups. In 2004, 38 percent of men in their fifties had gone through the divorce process. For those in their sixties, the percentage was 34. The rates for women were close to the same. Some 41 percent of women in their fifties had been divorced in 2004. For women in their sixties, 32 percent had been divorced.

Like wisdom and grace which grow with time, the odds of a divorce occurring also ripens. The divorce lawyers of Gailor, Wallis and Hunt have used their 80 plus combined years of family law litigation experience and  skills to help men and women dissolve their marriages in as non-adversarial a manner as possible so that they can move on with their lives.

If the time comes when wounds cannot be healed, seek the counsel of an experienced attorney. The North Carolina family lawyers of Gailor, Wallis and Hunt are dedicated to helping those seeking divorce get through the process as smoothly  and equitably as possible.

While some people just cannot afford to get a divorce, citing lawyer costs and accountant fees, many analysts and attorneys expect divorces to resume at their previous pace as the economy improves. While money problems may be keeping unhappy couples together, it still remains one of the main causes of dissolutions. A recent article from TheStreet.com titled "When Fights over Money Ruin Marriages" listed seven common financial issues that may lead to divorce and highlighted subjects that often spark controversy between couples. Some of the issues are as follows:

Debt:

GW&H previously cited a 2009 study by Utah State University titled "Bank on It: Thrifty Couples are the Happiest"  (http://www.stateofourunions.org/2009/bank_on_it.php) that found couples who argue over money one or more times a week are 30 percent more likely to divorce than those who argue occasionally. To further add to the weight of money woes, couples who do not hold assets are 70 percent more likely to divorce than those who hold $10,000.

The Federal Reserve recently reported that Americans accumulated $988 billion in revolving debt in 2008. While Americans paid off almost $90 billion of that sum in 2009, there is still a lot of debt to argue over.

Bills

Fidelity Investments released a report in 2009 titled "Fidelity Research Finds Couples Make No Progress in Joint Planning and Management of Retirement Finances Despite Historic Market Volatility", stating 55 percent of couples do not jointly make day-to-day financial decisions such as budgeting and bill paying. The report was based on an online survey in April 2009, consisting of a national sample of 502 couples.

The survey found that one person within the relationship typically paid the bills early, while the other procrastinated. Furthermore, many couples reported added stress at bill paying time due to an unnecessary purchase or shopping spree by the other party.

Paycheck Envy

According to statistics provided by the Bureau of Labor Statistics, one in three married women out-earns her husband. This ratio was reported in the article "Wives earning more than their husbands, 1987 - 2006." While not all may feel threatened whenone spouse earns more than the other, differences in pay can definitely lead to conflict. As women enter marriage with assets and incomes they also enter the marriage with their own ideas on how money should be spent. If each party holds different spending interests for the money, it becomes increasingly harder to resolve the conflict, as there are two contributors to the budget.

Investing

Investment decisions also provide potential for spousal conflict. With both parties contributing to investments, issues such as general goals and risk tolerance are increasingly difficult. If one partner is more conservative than the other, it may become impossible to agree on an investment portfolio that includes riskier investments like emerging market funds.

Secret Stashes

Financial infidelity is a relatively new situation to ise. It relates to situations where a spouse hides money (of any type) from their spouse. It can include dishonest spending or unmentioned debt.

If one or more of these situations affect your marriage and becomes a reason for ending the relationship, it is important to seek counsel from an attorney experienced in family law and divorce. A key issue in divorce is economic survival and expertise in handling financial issues that arose during the marriage  is  very important to a successful settlement or litigated outcome

The family lawyers of Gailor, Wallis and Hunt help people work through the emotional and financial entanglements that occur when a marriage or committed relationship does not work out. With more than 80 years of combined experience, they offer highly competent and dedicated representation in the following matters; mediation, arbitration, separation and property settlement agreements, divorce, alimony and child support and equitable distribution of property. For a confidential and personal review of your case, contact Gailor, Wallis & Hunt at 1-866-362-7586 or visit them online at http://www.gailorwallishunt.com

According to Realty Trac, the leading online marketplace for foreclosed properties and source for statistics used by CNN, MSNBC, FOX and Yahoo, one in every 400 U.S. housing units received a foreclosure filing during May, 2010. The data was presented via press release from the firm on June 10, 2010.

According to the release, a total of 96,462 homes received a default notice in May, which amounts to a seven percent decrease from the previous month and a 22 percent decrease from May 2009. While the decrease represents a positive step for those battling the suffering housing market, the number is still significant.

Bloomberg printed an article Monday, June 30, titled "Foreclosed Homes Sell at 27% Discount as Supply Grows," explaining that the discount on foreclosed homes will likely remain between 25 and 30 percent as banks attempt to manage the housing market. The article quotes Realty Trac when it states, "About 31 percent of all U.S. sales in the quarter were of homes in some stage of foreclosure."

These discounts may be good for a buyer, but exemplify a common problem that has been plaguing homeowners. When a home mortgage goes into distress, the property that was once an asset becomes a liability. For those in the midst of a divorce, the task of separating assets turns into the task of separating debts, liabilities and bad credit.

Fadi Baradihi, president of the Institute of Divorce Financial Analysts, was quoted in an article titled, "Recession, Divorce and Home: They Don't Mix," saying "It used to be that couples fought over the house because of continuity and stability for the children...That's not happening anymore. Now everybody wants to run from it."

As divorce is always a matter of finances, it is in the best interest of both parties not to let a jointly owned home go into foreclosure. While spite, ongoing legal fees or other financial issues may be a reason for not making a house payment, it is important to remember as long as both names are on the mortgage, both parties are responsible for payments.

The same article that reported Baradihi's thoughts on homes and divorce also offered some options to consider when a home that neither party can afford alone is part of a divorce. The North Carolina divorce lawyers of Gailor, Wallis and Hunt explain what is meant and what may happen if these options are chosen:

Wait it Out

If both parties can agree to hold onto the home for a few years after the divorce, they can avoid selling the house in a market where the majority of homes are selling for much less than their worth. In this situation, one spouse typically leaves the home and rents a place to live while the other remains in the marital residence until the house sells Payment of the existing mortgage, taxes and insurance  while "waiting it out" are typically taken into account in determining any child support or alimony obligation.

If a couple waits until a pre-determined date to sell the home, they can then split the proceeds at the time of the sale rather than the time of the divorce. Under this option both parties should check with their accountants to determine what, if any tax ramifications will occur from the delayed sale.

Renting the House

Another option for divorcing couples that may not want to sell yet is to rent the home. In this situation, the husband and wife move into separate rentals or purchase new homes and rent the marital residence to someone else. This is only beneficial if  the debt and other expenses of carrying the house are covered by the rent and the parties collectively pay less for rent on new residences than they would on their  home mortgages.

Both options have a few downfalls. As long as both parties are liable jointly on the mortgage loan on the property, it will be nearly impossible to finance another house until the current mortgage is paid off or assumed by another party. Banks are more cautious than ever about financing someone with existing mortgage commitments. Also, it keeps each party wrapped up in the divorce for longer than may have been anticipated. As divorces are not the prettiest of transactions, separated or divorced spouses may not want to remain financially tied together for any longer than necessary.

Selling the House

Sometimes, selling the house is the only option either caused by the necessity to generate cash and reduce debt or by a court order. In these circumstances it is likely that the sale will be a "short sale." In a short sale, the couple negotiates with the lender to pay the difference between the sale price and the amount they owe or a lesser amount. A short sale is likely to hurt the couple's individual credit scores.

Obtaining a divorce lawyer experienced in the aspects of home sales in the context of divorce and as well as complex business valuations in a divorce is always a worthwhile decision. The lawyers of Gailor, Wallis and Hunt are dedicated to the areas of family law and the complex business transactions that accompany divorce.

Founded in 1994, Gailor, Wallis and Hunt, PLLC is one of North Carolina's most accomplished firms practicing exclusively in the area of family law and domestic relations litigation. If divorce has left you with a house that, without some type of compromise, will fall into foreclosure, contacting an experienced lawyer will prove beneficial for more than just the finances. Hiring an attorney that will work towards your best interests will provide peace of mind in an otherwise stressful situation.

According to the study, "Young men are more vulnerable to relationship ups and downs than women,"  [and] unhappy relationships take a greater emotional toll on men than women. The reason this may have been previously overlooked is due to the means of expression men exhibit, according to Wake Forest Professor of Sociology Robin Simon and Florida State University Associate Professor, Anne E. Barrett. Science Daily reported the professors' study findings in a June 2010 article. Their research was published in the June issue of the Journal of Health and Social Behavior, Vol. 51, No. 2, 168-182 (2010).

Simon explains that the study, which consisted of a group of over 1,000 unmarried young adults between the ages of 18 and 23, "surprisingly...found young men are more reactive to the quality of ongoing relationships." She offered a possible explanation to the findings, stating that men typically look at their partners as their primary source of intimacy. In contrast, women tend to hold several people close to them, keeping close relationships with friends and family members. Another possible explanation, according to Simon, is that strain on a relationship may also threaten young men's feelings of self-worth.

The study also examined women's reactions to relationship conflicts, and found that women are typically more affected by whether they are in a relationship or not. Thus, women are more likely to experience depression when the crumbling relationship actually ends.

While these findings open new doors to thoughts on relationship models by explaining who is affected, when and by what, factors, it confirms the fact that young relationships are tricky, as partners may not be aware of one another's underlying emotional conditions.  Simon explains that the 18-23 year old age group is "characterized by identity exploration, a focus on the self and forging new relationships."

 In an October 2009 article titled The States of Marriage and Divorce, D'Vera Cohn of the Pew Research Center reported that a strong correlation exists between young age at first marriage for women and a high divorce rate for those women over a 12-month span.

As ongoing research is performed on young adults in the context of relationships and marriage and divorce it is likely that the results will be useful in counseling young adults in difficult relationships and early marriage to greater success by developing a realization of the gender differences in processing emotional issues and turmoil.  The family law attorneys of Gailor, Wallis and Hunt understand that the dissolution of a relationship proves a difficult time for both parties. They can provide caring service in all aspects of divorce and family law, including child support, child custody, alimony and asset distribution.

The Raleigh, North Carolina law firm of Gailor, Wallis and Hunt is dedicated to excellence in the practice of divorce law and commitment to their clients. If you are going through the difficult process of divorce, contacting a lawyer who can help you get through the emotional transition and complex business transaction that is divorce in today's world is in your best interest.

To contact the law offices of Gailor, Wallis and Hunt, PLLC:

Toll Free: 866.362.7586

While most understand that lying is detrimental to a relationship, studies over the past decade show both parties in relationships have trouble coming clean over spending. Financial infidelity does not consist solely of unaccounted for spending; it also consists of hidden debt.

Investopedia, an online financial information source owned by Forbes Digital, defines financial infidelity as a situation in which "couples with combined finances lie to each other about money." The lies may consist of hiding a $50 purchase or a $50,000 bonus. According to Psychologist Barry McCarthy of the Washington Psychological Center, "Men and women differ in the nature of their infidelity. Men tend to hide income, while women tend to hide excess spending."

Whatever the case, if financial infidelity occurs, emotional tolls are sure to follow. A 2008 study by GMAC concluded that one-third of the 2,800 couples surveyed admitted to hiding at least one purchase from their partner. Hiding finances from one another can lead to a snowball effect, requiring couple's therapy or financial help from specialists. It can even lead to divorce.

The Motley Fool recently reported the top four lies couples produce about money. The top four lies are as follows:

 1. How much is actually spent

2. Omitting past money mistakes, such as bankruptcy

3. How much money is actually owed, the actual amount of debt

4. Secret stash of cash - approximately one-third of married couples keep a secret supply of cash for individual purchases

The impacts of these lies can vary from hurt feelings to problems getting home loans.

A study conducted by Utah State University released in 2009 found couples who reported disagreeing about finances once a week were over 30 percent more likely to get divorced than those who argued only a few times a month.

If the issue becomes too large to battle, and a divorce seems to be the only option, it is important to obtain an attorney that you feel will meet your needs.

The North Carolina law firm of Gailor Wallis and Hunt is dedicated to helping men and women work through the divorce process and hold experience in all aspects of divorce and family law, including asset distribution, settlement agreements, post-separation support and child support.

Located in Raleigh, North Carolina, the family law firm of Gailor, Wallis & Hunt has a combined 80 years of experience in all aspects of divorce. For more information visit their website at www.gailorwallishunt.com.

Saying thank you may not just be a useful sign of courtesy to teach your children, it may actually positively affect every relationship you have.

North Carolina divorce attorneys of Gailor, Wallis and Hunt reveal a recent study that has found that saying "thank you" to your partner may improve your overall attitude when it comes to your relationship. The simple but often overlooked act of saying words of gratitude not only broadcasts feelings of appreciation towards the person receiving them, but echoes positivity within the person stating them.

Simply stated, by saying you are grateful, you can actually become grateful.

A recent study conducted by Florida State University research associate Nathaniel Lambert found that expressing gratitude boosts a deeper sense of commitment and responsibility, or communal strength, within a relationship. Lambert explains the theory as, "when you express gratitude to someone, you are focusing on the good things that person has done for you...It makes you see them in a more positive light and helps you focus in on their good traits."

Lambert and several colleagues used three different scenarios to test whether the act of expressing thankfulness was linked to increased feelings of communal strength.

In one study group, 137 college students were surveyed regarding how often they thanked a friend or partner. The results indicated that gratitude was positively linked with the individual's perception of communal strength.

The students were also interviewed six weeks later, in attempts to see if they experienced an increase in the quality of their relationship since they had become aware of the correlation between verbalizing gratitude and feelings of communal strength. Researchers found the students did report feeling more positive about their relationships.

Lastly, a group of study participants were instructed to go out of their way to express their gratitude to their partners in attempts to discover whether the words would lead to improved feelings towards the relationship. In order to compare the results, the researchers had other volunteers think grateful thoughts, without verbalizing them. A third group in the study was told to focus on positive memories only.

At the end of the trial, all three groups were interviewed on their attitudes towards their relationship. Those who frequently verbalized or transcribed their gratitude saw their relationship as more mutual and cooperative as a result. Those who merely thought about their gratitude did not experience an improvement in attitude.

Scientists conclude that saying "thank you" sends a message to the receiver and the sender at the same time. And not only does the action itself produce an immediate positive effect; expressing gratitude towards someone will often result in the receiver reciprocating the action with similar thoughts.

For example, if one spouse thanks the other for a great dinner, the other will most likely respond with a thank you for the desert.

Lambert described this phenomenon of the effects of expressions of gratitude on relationships by stating, "It can potentially change the trajectory from a negative focus to more of a positive outlook of the relationship."

And, if these constant feelings of appreciation turn into a marriage proposal, the family law office of Gailor, Wallis & Hunt can help you prepare your pre-marital agreement so that in the case of a divorce, your assets will be protected and the dissolution of marriage, should it occur, can be as non-adversarial as possible.

The highly respected attorneys of Gailor, Wallis and Hunt have dedicated their lives to helping couples plan for, and preserve their marriage and family, but are also dedicated to assisting them obtain a fair and equitable divorce when that is the only alternative. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Spring is in the air, which means the wedding season is upon us. While couples are happily planning dinners and parties in celebration of their true love found at last, they must also plan for the future. In an age where second and third marriages are almost as common as first nuptials, protecting one's assets is a common thought.

According to a study conducted by the Pew Research Center, an independent source for information on the issues, attitudes and trends shaping the US and world, about half of North Carolina's adult citizens are married. More precisely, 54 percent of NC men and 49 percent of NC women are married. The divorced population rests at 9 percent for men and 11 percent for women, qualifying the fact that second and third, or even forth and fifth marriages happen and are rising in occurrence. The same study shows that 6 percent of men and 5 percent of women in North Carolina are on their third or fourth marriage. (Information is based on data from the 2008 American Community Survey by the US Census Bureau.)

As with all marriages, each party brings assets to the table. If either party in the relationship has children from a previous marriage or relationship, a part in a family business or any other asset that may need protection from an unfortunate separation, a premarital agreement is a safe and equitable way to insure against the loss of such properties.

Other factors that typically require the consideration of a prenuptial agreement include the ownership of real estate, having over $50,000 worth of assets other than real estate, earning more than $100,000 a year and planning to pursue advanced education while the other spouse supports the union.

Prenuptial agreements can include issues such as retirement benefits, nonresponsibility of the other person's debts, alimony, household bills, credit card charges, procedures for filing tax returns and even estate planning issues, such as providing for children from prior relationships.

This protection can provide comfort to both parties, helping each to know that, in the event of a separation or divorce, each party is protected. Discussing a prenuptial agreement with your soon-to-be spouse can help to clarify issues that may be trickier later. It may even help qualify the need to keep a marriage strong, reminding the parties that a marriage is a partnership, to be regarded seriously, with binding contracts. It is something to be nurtured, grown and groomed to succeed. 

In a 2007 survey conducted by the Pew Research Center titled Modern Marriage, Americans reported the issues they thought were most important to making a marriage succeed. Third on the list, in order of importance, was sharing household chores. According to the results, 62 percent of adults stated that sharing chores is an important contributor to a successful marriage. It's also on the heels of the second most important factor (according to the survey), a happy sexual relationship. The number one factor to a successful marriage was faithfulness.

Following the top three, in order of importance, were adequate income, good housing, shared religious beliefs, shared tastes and interests, children and agreement on politics.

If you're one of the lucky-in-love couples planning to get married this spring, or any time in the future for that matter; looking at marriage statistics may help you prepare for what is to come. While you may feel positive your union will last forever, be aware that approximately 50 percent of first marriages end in divorce. With the median age for North Carolina couples marrying at 27 for men and 26 for women, it is understandable to not waste one's youth on divorce battles.

So, while you are planning guest seating and bar offerings, odds are that you should also see a family law attorney well versed in the nuances of premarital, pre-union and post marital arrangements. Be young, happy and in love, but be smart and know that not protecting yourself now could lead to heavy losses later. 

The family law office of Gailor, Wallis & Hunt can help you prepare your prenuptial agreement so that in the case of a divorce, your assets will be protected and the dissolution of marriage, should it occur can be as non-adversarial as p ossible. The highly respected attorneys of Gailor, Wallis and Hunt have dedicated their lives to helping couples plan for and preserve their marriage and family, but are also dedicated to assisting them obtain a fair and equitable divorce when that is the only alternative.

GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Toll-Free: 866-666-1491

Under North Carolina's Uniform Child Custody Jurisdiction Act, (UCCJA) the court has jurisdiction to make an initial child custody determination if one or more of the following qualifications are met:

1. North Carolina is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months prior to the commencement of the proceeding and the child is absent from the state but a parent or person acting as a parent continues to reside in the state
2. A court of another state does not have jurisdiction under No. 1 above or a court of the home state of the child has declined to exercise jurisdiction on the grounds that North Carolina is a more appropriate forum and:
   1. The child and the child's parents have a significant connection with North Carolina other than mere physical presence; and
   2. substantial evidence is available in North Carolina concerning the child's care, protection, training and personal relationships.
3. All states having jurisdiction under No.'s 1 and 2 above have declined to exercise jurisdiction on the ground that North Carolina is the more appropriate forum to determine custody of the child; or
4. No other court of any state would have jurisdiction under the criteria set forth in No's 1, 2 or 3 above.

In cases where a child is abused or threatened with abuse, a North Carolina court can exercise temporary emergency jurisdiction if the child is present in the state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or parent of the child is subjected to or threatened  with mistreatment or abuse.

Once jurisdiction has been established to make an initial child custody determination, North Carolina law requires that if the issue of custody of a child is contested, the parents are required to appear for mediation of the dispute before the matter can be set for trial There are only a few exceptions to the mandatory mediation which requires a showing of good cause:

• If allegations of abuse or neglect of the child arise;
• If  there are allegations of alcoholism, drug abuse or domestic violence between the parents;
• If allegations of severe psychological, psychiatric or emotional problems are present;
• If the judge finds that mediation would result in "undue hardship" for a parent; or
• If either parent lives more than 50 miles from the courthouse.

If no agreement is reached in mediation, or mediation is not an option in the child custody case, the issue of custody will be resolved by a judge whose decision will be based on the best interest of the child.

In making a custody decision, a judge will consider each parent's ability to provide the child with a safe, nurturing environment; the child's emotional attachment to each parent's household; the physical and mental health of parents and child; and where the child is currently residing.

There is no presumption between the mother and father regarding which parent should have custody, although a natural parent will be presumed to be the appropriate custodian as opposed to a third party. This presumption is, however, rebuttable and, if the best interest of the child require it, the judge may award custody to a third party.

Gailor, Wallis & Hunt represents both mothers and fathers. The firm's experienced attorneys can help with any custody dispute and work to ensure that the best interest of the child or children is served. GWH provides both services when it comes to child custody: mediation and litigation.

The North Carolina divorce attorneys of Gailor, Wallis and Hunt offer a holistic approach to custody disputes that seeks to resolve the dispute without the need for litigation, if at all possible. This approach utilizes the expertise of other professionals such as child psychologists, social workers and others who can address the physical, mental and developmental needs of the children involved in the custody dispute.

But when decisions about custody and visitation must be tried in a courtroom, the attorneys of Gailor, Wallis & Hunt are experienced and highly skilled in custody litigation that requires detailed investigation, preparation and presentation in court.

North Carolina divorce attorneys Gailor, Wallis & Hunt, have dedicated their lives to helping men and women work through the divorce process, and are knowledgeable and experienced in all of the issues relevant to child custody lawsuits. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.

Research on married couples has shown how the traditional institution of marriage requires flexability in response to changes in modern lifestyles and trends. The flexibility in marital roles is visible upon examining women in the workforce: as more women have entered corporate America, more men have stepped up to the role of stay-at-home parent. A new study on married couples and the economics of marriage has shown that working women are responsible for a role reversal in who benefits from a marriage.

According to a report from the Pew Research Center titled "Women, Men and the New Economics of Marriage," the number of women who earn more than their male counterparts is growing. The study compared married couples from 1970 and 2007. In 2007, 22 percent of married men earned less money than their wives. In 1970, the share of husbands whose wives' income was higher than theirs was a meager 4 percent.

In 1970, a survey on education levels within marriages showed that 52 percent of married couples held equal levels of education. In situations where one spouse's education exceeded another's, men held the majority at 28 percent, while women with higher educations than their husbands consisted of only 20 percent of the population. As of 2007 53 percent of spouses had equivalent levels of education However, women whose own educational level exceeded that of their husbands , made up 28 percent of the population while men with a higher education level than their spouses were only 19 percentof the total a 15 percent increase.

As of 2007 women constituted the majority of college graduates consisting of 53.5 percent of the 2007 graduating class. The earnings of these graduates have  grown 44 percent since 1970. Because women have acquired more economic assets and resources in marriages, they have also become more economically vulnerable in the event of a divorce.

The family law firm of Gailor, Wallis Hunt of Raleigh, North Carolina explains that in North Carolina, marital property  is defined as real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of separation of the parties, and presently owned, except property determined to be separate property or divisible property. Thus the property that increasingly well educated, married women acquire during their marriages may well be at risk in a divorce.

Hiring a divorce lawyer skilled in the equitable distribution of assets will ensure each party receives what is rightfully his or hers. Litigation is not the only option. The attorneys of Gailor, Wallis and Hunt further make clear that a separation and property settlement agreement, mediation or arbitration are viable options that are preferable to litigation. Upon separation, settling disputed issues such as property division will keep both parties out of court, which can prove to be financially beneficial for both.

In order to ensure the fairness of a separation and property settlement agreement, the separated partners should disclose all assets, debts, income and financial liabilities. All assets must be identified, classified as either marital or separate and have a determined net value, which can be established by agreement or by appraisers of real estate, business interests, tangible personal property and intangible assets such as retirement benefits.

The attorneys at Gailor, Wallis and Hunt can help you identify, classify and value assets acquired during the marriage, and negotiate a fair settlement. Founded in 1994, GWH is one of North Carolina's most accomplished firms practicing exclusively in the area of family law and domestic relations litigation.

Each attorney in the firm possesses a particular proficiency in a specific area of family law, enhancing the Firm's ability to respond to and settle or litigate any issue no matter how complex. Whether equitable distribution of assets through mediation is your choice in separation, or litigation becomes the means required for a successful dissolution, the lawyers of Gailor, Wallis and Hunt are here to help.

North Carolina divorce lawyers report:

Science Daily reported on a 2008 study conducted by researchers at the University of Rochester, Syracuse University and the University of Notre Dame that charted how children's concerns over their parents' relationship affected their abilities to pay attention in school. The study, "Children's Insecure Representations of the Interparental Relationship and their School Adjustment: The Mediating Role of Attention Difficulties," examined 216 predominantly white 6-year-olds, their parents and their teachers over a three-year period.

Teachers reported annually on the children's ability to participate in class activities, get along with others and acclimate within the school setting in general. Teachers specifically were told to determine whether the children were cooperative with peers, followed directions, used classroom materials responsibly and acted in an overall appropriate manner.

According to reports, children who were concerned about their parents displayed more attention problems a year after the onset of stress was reported. These attention difficulties came hand-in-hand with teacher reports of adjustment issues in school.  Many cases found that children's negative thoughts were based on witnessing actual relationship problems between parents.

Raleigh divorce lawyers of Gailor, Wallis and Hunt further report that other studies on the effects of feuding spouses on children found that the stress hormone cortisol elevated in all situations of strife, whether the negativity was heard over the phone or within the home. These realizations bring to light the importance of protecting children from feuding families and divorce. Sheltering a child from the negativity of spousal fighting is not only important for the child's mental health, it is also important for the child's educational and social wellbeing. Whether the fight is in the kitchen, over the phone or in the courtroom, the child is affected in a negative manner.

A survey conducted by the Pew Research Center revealed that while the public still strongly believes the traditional 2-parent home is the best scenario for raising children, a divorce is the lesser of two evils when it comes to unhappy marriages. When given a scenario of very unhappily married parents, and then asked whether the children would better benefit from the parents remaining married or divorcing, 67 percent of adults surveyed stated a divorce would be better. Only 19 percent thought it a good idea to remain married.

While it is obvious to all Americans that the divorce rate is rising, what is not always obvious is the fact that a softer approach to separation could prove beneficial to all members of the family. As a parent would naturally want to shield a child from the backlash of in-home fighting, the parent should also realize in-court battles can prove detrimental to the child. When divorces go to court, the battle is not always friendly and tensions inevitably mount. Approaching a separation with mediation is a private way to handle your affairs.

Hiring family law attorneys to conduct mediation gives parents the opportunity to handle separation issues with referee-type counselors and attorneys, they handle it without the hassle of dragging children into court , forcing them to watch a he-said, she-said battle. Keeping children sheltered from the unnecessary stress of watching parents battle, whether in the home or in court, saves them from undue stress. Shielding children from excess levels of stress proves beneficial in the long run. It helps them deal with their every day lives at school and with surrounding peers. If you could prevent your child from experiencing undue stress, problems with concentration and difficulties with peer relationships, wouldn't you do it?

North Carolina divorce lawyers Gailor, Wallis and Hunt, have dedicated their lives to helping men and women work through the divorce process, and are especially knowledgeable and ready to help in all areas of mediation. Divorce lawyers of Gailor, Wallis and Hunt have used their 80 plus combined years of family law litigation experience and their collaborative skills to help couples dissolve their marriages in as non adversarial a manner as possible so that they can move on with their lives. To contact the family law firm of Gailor, Wallis and Hunt, call 866-362-7586.

In many divorce cases, one spouse has been unfaithful to the other and committed adultery or other acts of illicit sexual behavior. Illicit sexual behavior is defined in North Carolina law as acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts as defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse. G.S. 14-27.1(4) is a criminal statute.  The sexual acts defined in the criminal statute mean cunnilingus, fellatio, analingus, or anal intercourse and also means the penetration, however slight, by any object into the genital or anal opening of another person's body except for accepted medical purposes.

In North Carolina, if a supporting spouse has committed  an act of illicit sexual behavior  the dependent spouse is entitled to alimony. However, if the dependent spouse has committed an act of illicit sexual behavior, he or she will not be entitled to receive alimony from the supporting spouse. If both spouses have committed acts of illicit sexual behavior during the marriage prior to a separation then  a judge must decide if a dependent spouse is entitled to receive alimony and the supporting spouse must pay.

In order to assert a claim for alimony based on illicit sexual behavior or adultery committed by your spouse you will need to obtain admissible evidence that the conduct was committed. Adultery or illicit sexual behavior is usually proved by circumstantial evidence - and only very infrequently by direct evidence of the adulterous acts. Under the doctrine of inclination and opportunity adultery is presumed if it can be shown that the parties had an adulterous disposition or inclination to commit adulterous acts, and (2) that there was opportunity to satisfy their mutual adulterous inclinations. Circumstantial evidence of illicit sexual behavior is typically obtained by a private investigator who conducts a surveillance of the spouse who is acting suspiciously. Evidence of inclination can be satisfied by observations of hugging, kissing or other intimate behavior. Other circumstantial evidence of inclination may also exist, such as emails or text messages with sexual content or expressions of love, photographs, or records of gifts or expenditures of money on the third
party.  In addition to the evidence of inclination there must also be evidence that the spouse and a third party spent time alone together in a location where there is an opportunity  for sexual relations  to have occurred such as a hotel or empty beach home.
If you suspect your spouse of being sexually involved with another person, you should contact a lawyer about the necessary steps to obtain admissible evidence of the conduct and what to do to protect your legal rights.

Contributor: Stephanie T. Jenkins - Stephanie T. Jenkins is a partner in the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC. For more information contact the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case.

Because cohabitation after separation may affect your right to receive, or your obligation to pay alimony in North Carolina, it is important to learn how cohabitation is defined in North Carolina law. Under North Carolina law, if the court determines that a dependent spouse receiving alimony under an order or judgment is cohabiting, the court is statutorily required to terminate that spouse’s rights to future alimony payments.

The alimony statute defines cohabitation as “the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if it is not solemnized by marriage, or a homosexual relationship.” The statute goes on to state that “cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexually relations.” 

The question of whether someone is engaged in cohabitation within the meaning of the alimony statute depends on the particular facts of each case.  In determining whether a dependent spouse is cohabiting, courts may consider a variety of factors, including (but not necessarily limited to) the number of overnights spent together and whether the sexual relationship is monogamous. Other relevant factors that courts may consider include: whether the dependent spouse and third party each have a key to the other’s residence, whether personal property, such as cars are kept at the same residence, whether living expenses are shared,  whether the dependent spouse and the third party grocery shop for one another, eat meals together, do yard work, walk the other’s dog, share or trade use of each other’s cars, attend family functions together and or otherwise engage in other day to day activities with one another that would be considered similar to those of married persons. 
If you believe your rights or obligations to receive or pay alimony may be impacted due to issues of cohabitation, you should contact the lawyers of Gailor, Wallis & Hunt to discuss the particular facts of your situation and address these issues.

Contributor: Cathy C. Hunt - Cathy Hunt is a partner in the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC.  For more information contact the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case.

Raleigh, North Carolina, divorce attorney, Stephanie J. Gibbs of the law firm of Gailor, Wallis & Hunt, a Raleigh, North Carolina family law firm educates grandparents about custody and visitation rights with their grandchildren under North Carolina law.

When parents separate and divorce, grandparents sometimes get caught in the middle and opportunities to spend time with their grandchildren may be restricted by one or both parents. In those cases if grandparents don’t become legally involved in a custody case, they risk losing all rights to see their grandchildren in the future.

 To address concerns about maintaining the special bond between children and their grandparents, the North Carolina legislature enacted laws that specifically address the rights of grandparents in custody cases.  One of those laws permits grandparents to “intervene” – that is, become parties to a pending custody case – so that they have a legal and enforceable right to visit their grandchildren after a divorce.

 In North Carolina, when an “intact family” exists, no other person, including a grandparent, may intervene to ask the court for permission to see the child, over a parent’s objection.   After a judge has made a final decision about child custody and visitation, the child is legally considered to be living with each parent in an “intact family.”  Under the law, single-parent homes are considered as “intact” as homes in which both parents live together.  Therefore, when parents of a child are separated and a grandparent fears that one or both parents may prevent the grandparent from having a relationship with a grandchild, the grandparent may wish to intervene in the initial custody determination prior to the court’s decision on custody to establish custody or visitation rights with the grandchild which are not dependent on the goodwill of the custodial parent. .  Once a grandparent is allowed to intervene, the court must decide whether a “substantial relationship” exists between the grandparent and child, and whether that relationship warrants an order allowing a grandparent to spend time with the child.

If one of the parents later requests to modify the initial custody order, a grandparent may file a “motion to intervene” in that case, asking the court for permission to become a party in the modification suit so that he or she may seek custody or visitation rights.  Grandparents have an absolute right to intervene in such cases, so long as the case is pending
In a handful of North Carolina cases, grandparents lost their right to ever visit their grandchildren after a parent died following a final custody decision where the grandparents did not intervene, and the surviving parent did not want the visits to occur.  Under the law, the surviving parent and children constituted an “intact family,” and the court has generally held in those cases that the grandparents had no right to intervene and the court no longer had jurisdiction to allow the grandparent to do so. 

In a divorce situation grandparents should consult with Stephanie Gibbs of the family law firm of Gailor, Wallis & Hunt of Raleigh, North Carolina who has experience in grandparents’ custody and visitation rights to determine the best course for protecting that special bond with their grandchildren.

Contributor: Stephanie J. Gibbs - Stephanie Gibbs is an associate attorney in the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC.  For more information contact the Raleigh, North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.

Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case.