Legal Resources Blog - Weaver, Bennett & Bland, PA

A Holiday Custody Primer for Separated Parents

The winter break from school centered around the Christmas holidays is a stressful time for parents when they do not live each other.   Schedules are altered, travel may be involved and certainly in the early throes of a separation, not being without your children during a special time for them is heart-wrenching. To make

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Common Mistakes When Creating a Special Needs Trust (SNT)

When creating a Special Needs Trust (SNT), whether it’s part of a family’s estate plan or for an individual to hold his own assets, it’s important that it’s written to include the necessary requirements for the particular trust you’re drafting. An experienced special needs planning attorney will help you draft a SNT properly to avoid common mistakes that drafters, especially

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The Alimony Crap Shoot, Part I

Prior to October 1, 1995 alimony was based on fault.  A dependent spouse had to prove the supporting spouse committed adultery, was an abuser of alcohol or drugs, was violent, abandoned the innocent spouse or in other ways made his or her condition unbearable and intolerable.  Since that date a spouse is entitled to alimony

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Family Feud- It’s Not Just a Gameshow

Three things you can do now to prevent a family war later Let’s face it, tension and rivalry are almost always present somewhere lurking beneath the surface in most families. However, couple it with death and money, that tension tends to bubble over into a full out family war.  Grief can impact individuals differently. After

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When is a Separation Truly Considered a Separation?

North Carolina requires a separation before the parties can file lawsuits for divorce and for equitable distribution.  A spouse can file for divorce (becoming unmarried) one year and a day after becoming separated and a spouse may file for alimony the day of separation.   But what is a separation? The answer is that separation occurs

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