Contact the Family Law Team
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Physical Address:
Wells Fargo Building
150 Fayetteville Street
Suite 1800
Raleigh, NC 27601

    

Mailing Address:
P.O. Box 1151
Raleigh, NC 27602

(Wake County)
(919) 821-4711
Fax: (919) 829-1583

Tharrington Smith's Family Law Team

Divorce & Family Law Articles

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Child Custody Factors

What Are Factors a Judge May Consider in Determining Child Custody? If you have been unable to successfully resolve your child custody matter outside of the courtroom, you may be wondering what specific factors a judge might consider when making a custody determination. In North Carolina, judges apply “the best interest of the child” standard when making a determination of custody. This legal standard is difficult to define because judges are allowed to consider all relevant factors presented to them. Generally, the following factors are used in making a determination of a child’s best interest: The needs of the child; The ability of the parents to meet the needs of the child, including mental and physical well-being; The wishes and desires of the minor child, depending on the child’s age and maturity; The relationship between the child and each parent, as well as the child’s relationship with siblings, step-siblings and other members of the parties’ household units; The living conditions of each parent’s residence; Distance between the child’s school and each party’s residence; School, work, and extracurricular activity schedules of the minor child and the parties; The ability of parents to provide for the child in all aspects; How well the child physically, emotionally, and mentally thrives with each parent; Any substance abuse issues either parent has; The parent’s ability and willingness to co-parent and work with one another on issues relating to the child Because judges are allowed broad discretion in deciding how much weight and credibility to give […]

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The Dangers of Do-It-Yourself Separation Agreements

Separation Agreements have long-lasting implications and should not be entered into lightly. Even simple Separation Agreements can cover extremely complex matters, so it is critical to ensure that a Separation Agreement is complete and correctly prepared.

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Your Divorce and Taxes

In the midst of separation, you probably have not considered how your divorce may affect your state and federal taxes. Tax implications of divorce can be easily overlooked and forgotten during an otherwise trying time. However, divorce may substantially affect your tax considerations.

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What to Wear to Court

When you appear in court, it is important that your physical presentation and demeanor are appropriate for the gravity of the situation that brought you there. Proper consideration of your attire can help you make a good impression on the judge and jury.

Divorce Survival Guide: 5 Tips to Help You Through Divorce

Divorce Survival Guide: 5 Tips to Help You Through Divorce

Ending a marriage is an emotionally charged event. Feelings of anger, guilt, grief, and sadness are often unleashed.

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Do I Need an Attorney for my Divorce?

North Carolina divorce laws are complex and can be confusing, especially if you are embroiled in an emotional split. Relying on online resources that offer forms for proceeding with a divorce without an attorney or directives from someone who has just undergone divorce is no substitute for consulting a qualified lawyer about your unique circumstance.

Alice Stubbs wins USTA North Carolina J.S. Love Adult Tennis Female Player of the Year Award

Alice Stubbs wins USTA North Carolina J.S. Love Adult Tennis Female Player of the Year Award

Alice Stubbs wins the 2019 USTA North Carolina J.S. Love Adult Tennis Female Player of the Year. She has been an avid tennis enthusiast and competitor for more than 40 years.

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Is Mediation Necessary in my Divorce?

In almost every modern trial order, courts require parties to attend at least one mediation session prior to scheduling a matter for trial. An agreement to attend mediation can be made at any point, even before filing a lawsuit.

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Avoid the Pitfalls of Social Media in your Divorce Case

Attorneys are quickly discovering that social media outlets often provide an abundance of evidence about behaviors, lifestyles, the existence of assets, and big expenditures. Any information obtained through social media can be used in court.

Image of woman in a counseling session representing the importance of emotional support through divorce.

The Value of Emotional Support during Divorce

To move forward with your life in a positive manner, it is crucial to recognize the distress associated with divorce you may be encountering and constructively deal with it.

Wall of legal files and litigation folders representing an exaggerated picture of discovery in divorce.

What is discovery and why do I have to provide so many documents?

Cooperating in the discovery process by providing credible evidence about income, expenses, financial account balances, etc. not only provides a full financial disclosure but can also speed up the divorce process and reduce unnecessary costs.

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Lynn Burleson Contributes to Family Law Magazine’s Coverage of Arbitration

The Winter/Spring 2016 edition of Family Law Magazine includes a discussion on the benefits of arbitration by three fellows of the American Academy of Matrimonial Lawyers entitled “The Arbitration Advantage”.

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National Family Law Arbitration Act in Draft

North Carolina has arguably the most comprehensive family law arbitration statutory scheme in the country

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Pension QDRO Blues – Butler v. Butler

Wife’s obligation to ensure that the QDRO submitted, rules court.

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Marriages Face New Threat: Social Networking

Alice Stubbs describes how the recent social media phenomenon of social media impacts divorce and family law cases during an interview with WRAL-TV.

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Alimony According to North Carolina Law

Alimony is the payment of support to a spouse or former spouse who is financially dependent on the other spouse. It is ordinarily paid as a monthly amount and is usually taxable to the recipient as income

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Tharrington Smith Introduces Family Law Child Support Calculator

Tharrington Smith attorneys worked with software developers to build an easy-to-use child support calculator.

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Alice Stubbs on social networking and divorce

Tharrington Smith family law attorney Alice Stubbs speaks to WRAL about social networking and its impact on divorce and family law cases.

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Same-Sex Couple Adoption Voided

Dec. 21, 2010 by The Associated Press — Raleigh — North Carolina’s highest court on Monday voided a state senator’s adoption