A Year and a Day: Divorce Without Destruction

Various claims arise from the dissolution of a marriage. One of those claims is equitable distribution. Postseparation support and alimony are two additional claims that arise.  Child custody and child support may also be at issue.  In Episode 6, host Jaime Davis and her law partner Meredith Cross discuss two ways to resolve these claims and what to do if you have just been served with a lawsuit. ...

Alimony and cohabitation can be some of the more frustrating issues for family law clients.  There are many misconceptions about who is entitled to alimony, how it is calculated, and what constitutes cohabitation.  In this episode, host Jaime Davis and her colleague Melissa Essick discuss when a spouse might be entitled to receive alimony, whether there is a formula for calculating the amount and...

In most cases, when we talk about the issues arising from a couple’s separation, we discuss civil claims such as child custody, child support, alimony and property distribution. But there are some actions a spouse might take following a separation that can lead to criminal liability.  In this episode, host Jaime Davis discusses two of those issues- domestic criminal trespass and revenge porn- with...

If a person is married, can he completely disinherit the other spouse in his will?  If spouses separate, is there anything they should consider changing about their estate plans? In this episode, host Jaime Davis discusses inheritance rights and how your marital status might affect those rights with attorney Brooke Dalrymple. In her estate planning work, Brooke counsels clients and prepares the do...

There seems to be a misconception that all couples going through a divorce are involved in high conflict cases.  In reality, however, the majority of separating couples are able to resolve their issues with little or no court intervention.  With that said, there are some cases that despite the lawyers using their best efforts will not settle.  The parties are unable to agree upon even the smallest...

Who gets the family business in a divorce?  Will I continue to co-own it with my spouse?  Will I have to buy out his or her interest?  How will my business be valued?  Will I need to hire an expert?  In this episode, host Jaime Davis and her law partner Nicole Taylor discuss the answers to these questions and more concerning what happens to the family business in a divorce.  

Domestic violence is a problem that does not discriminate. Anyone can be a victim or a perpetrator of domestic violence. Domestic violence transcends all socioeconomic boundaries and education levels and can affect people of any race, age, sexual orientation, religion or gender.  In this episode, host Jaime Davis discusses the issue of domestic violence and how to obtain a domestic violence protec...

The first holiday season after a separation can evoke a variety of emotions for both you and your children. Steeped as they are in memories and traditions, the holidays are likely to stir up feelings of fear, stress, and potentially even sadness. In episode 15, host Jaime Davis and fellow family law attorney Melissa Essick discuss tips for preparing and coping with the first holiday season as a se...

Custody cases in and of themselves are hard enough, but one issue that can further complicate an already highly emotional situation is substance abuse.  In this episode, host Jaime Davis and her law partner Carrie Tortora offer tips and discuss actions you can take if you find yourself involved in a custody case where substance abuse is an issue.

In Episode 13, host Jaime Davis discusses the importance of self-care during the divorce process with fellow family law attorney Lynn McNally.  This episode addresses such issues as: What is self-care?  Why is self-care important during a divorce?  What can you do to ensure you are taking care of yourself during a divorce?

Can your cell phone be imaged?  Can your spouse obtain a copy of your Facebook archive?  What about text messages and emails?  These questions and more are answered in Episode 12 when the tables are turned and host Jaime Davis is interviewed by her interns Grace Massarelli and Olivia Daniels about evidence in child custody cases.  

Learning how to navigate the do's and don'ts of being involved in a child custody dispute can be unnerving. In Episode 11, host Jaime Davis discusses helpful tips for surviving child custody litigation with her colleague and fellow family law attorney Melissa J. Essick.  Jaime and Melissa address issues such as how to appropriately communicate with the other parent, what not to post on social medi...

Thanks to a very important project of Legal Aid of North Carolina, in some custody cases, an attorney can be appointed to represent the child to advocate for what the child wants to have happen.  In Episode 10, host Jaime Davis discusses The Child's Advocate with its program director attorney Suzanne Chester.  

When the trial is over and the Judge has entered the Order, your case is finished, right?  The answer is not necessarily.  In some cases if you disagree with the Judge's ruling, you may have another avenue available to you.  In Episode 9, host Jaime Davis discusses the appellate process in family law cases with her colleague and fellow family law attorney Jonathan Melton.  

When parents separate, we often hear about a custody schedule being put in place that addresses when the children will spend time with each of their parents, but in some cases, grandparents may have rights too.  In Episode 8, host Jaime Davis discusses the topic of grandparent visitation with her law partner Stephanie Gibbs, who often represents grandparents involved in custody disputes.  

Episode 7 features special guest Caroline Landen, a licensed Marriage and Family Therapist specializing in Couples and Sex therapy with the Awakenings Center for Intimacy and Sexuality.  In Episode 7, Caroline and host Jaime Davis discuss the benefits of marriage counseling both before and after a decision to end the marriage has been made.  

Cheating, or adultery as it is referred to in the legal context, is one of the more challenging problems that can arise in a marriage, and often it is one of the factors associated with the decision to separate or divorce.  In Episode 6, host Jaime Davis discusses the potential impact adultery can have on a  family law case, as well as potential claims a spouse may have against the third party for...

In Episode 5, host and Certified Parenting Coordinator Jaime Davis discusses the topic of Parenting Coordinators in child custody cases with fellow family law attorney and Parenting Coordinator Katie King.  If you are involved in a high conflict custody dispute and you and your co-parent have a difficult time making decisions that affect your children, a Parenting Coordinator may be the answer.  T...

Episode 4 features special guest Haleh Moddasser, CPA.  Haleh is the Senior Vice President and Managing Partner of Stearns Financial Group's Triangle Office, and she has recently published a book entitled Gray Divorce: Silver Linings.  In Episode 4, Haleh and host Jaime Davis discuss the concept of Gray Divorce and the different impact divorce after age 50 can have on women versus men.  For more i...

In Episode 3, host Jaime Davis explores common myths surrounding separation and divorce with her law partner Carrie Tortora.  Carrie and Jaime discuss such topics as whether "papers" are required to be legally separated; whether committing adultery means a spouse loses everything; and whether the children get to decide where they live.  

In Episode 2, host Jaime Davis discusses the topic of mediation with fellow family law attorney and mediator Lynn McNally.  This episode addresses questions such as: How does mediation work?  How much does it cost?  Why is mediation beneficial?  Are there any downsides to mediation?  

In Episode 1, host Jaime Davis discusses issues related to co-parenting with Dr. Lori Thomas, a licensed psychologist with Wynns Family Psychology.  Dr. Thomas offers tips and suggestions for how parents can continue to successfully co-parent their children despite a separation or divorce.