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(704) 931-8LAW /

(704) 931-8529

Scott Law Firm PLLC

35 Union Street South, Concord, NC 28025



Last Update on 02/07/2012

  

Child Custody & Support Newsletter

Modification of Orders Affecting Use of Marital Home One issue that arises in divorce proceedings is the use and possession of the family home, particularly when the spouses are living in the same house and both require use and possession of the home. If the parties have minor children, the custodial parent usually receives the right to use and possess the home in order to safeguard the children's interest. This right is given to the custodial parent as a form of maintenance or support, in the court's discretion. The right given to one of the spouses is limited to a specific period after the divorce, which is determined by the court. That benefit may last in some form until the parties' youngest child no longer is a minor...

Use of Collaborative Law in Divorce Collaborative law is a method of family law dispute resolution in which divorcing spouses settle their differences out of court. The trend towards collaborative law developed from a desire to avoid lengthy legal and court proceedings while still reaching a compromise mutually acceptable to all parties. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution...

Domicile and Residence Issues in Divorce In order to obtain divorce, domicile and residence are important factors. One party must be resident and domiciled in the state where the divorce is sought. In order for the court to obtain jurisdiction, the requirements are "actual residence" and legal domicile. Jurisdiction is determined at the time the divorce petition is filed...