Bray Creech, a local financial planner with Joel Adams and Associates, recently wrote an article I enjoyed in the Asheville Citizen Times about divorce and Social Security benefits, specifically the potential advantages of receiving benefits based on an ex-spouse’s earnings record.
Read MoreWhat does it mean to be an “effective” lawyer? I’ve had 25 years in the practice to study the question. For me, today, being effective means providing zealous legal representation, which is a lawyer’s mandate.
Read MoreJudges evaluate marital standard of living to determine whether the alimony or child support a party is seeking is reasonable and necessary. The expenses incurred by a dependent spouse seeking support should correlate with expenses incurred during the marriage for similar purposes.
Read MoreThe assets and debts you receive through the equitable distribution process can lay the foundation for your post-divorce lifestyle and future financial security. There are many factors a judge in North Carolina may consider when distributing a marital estate between parties.
Read MoreOne of my goals for 2019 is to sharpen my focus on complex equitable distribution cases. The identification, classification, valuation and distribution of assets in equitable distribution is a sequential process that I enjoy and understand.
Read MoreSiemens Family Law group is happy to announce that Jim Siemens has been selected to Super Lawyers in 2019. Jim was first recognized by Super Lawyers in 2012 and is included again this year in North Carolina’s Family Law category.
Read MoreNorth Carolina uses a concept known as “equitable distribution” to divide property between divorcing spouses. There are four types of property that must be identified and classified as part of the equitable distribution process: marital property, separate property, mixed property and divisible property.
Read MoreTax law changes went into effect on January 1 which will impact how separating spouses negotiate agreements in the new year. If you are separating from your spouse in 2019, it is important to talk with an experienced family law attorney and a tax expert about how the new law will affect you.
Read MoreWhen preparing a financial affidavit, the best policy is to be honest and realistic. We recommend that you review and verify all financial documents that pertain to your current income and expenses, as well as drawing parallels to the marital standard of living.
Read MoreIn all legal actions that include claims for child support, post-separation support, and/or alimony, the local family court rules for Buncombe County require each party to complete and file with the court a “financial affidavit” (local Form 4).
Read MoreThe Rise of the Millennial Prenup discusses the benefits of prenuptial agreements, and particularly the relevance of these agreements for millennials, who are often getting married later in life and building up more assets before marriage than previous generations.
Read MoreMany people think of a prenuptial agreement as a legal document used by celebrities and wealthy individuals to protect their income and assets in the event of divorce. This may foster common misconceptions about prenuptial agreements.
Read MoreHow does a judge determine the amount and duration of an alimony award? One of the goals of alimony is to ensure that a dependent spouse has adequate resources to meet his or her needs in accordance with the standard of living established by the parties during their marriage.
Read MoreJim Siemens has been recognized in the 2019 edition of The Best Lawyers in America. Jim is included in Best Lawyers for his work in the practice area of Family Law.
Read MoreWhen spouses separate, it is sometimes necessary for one spouse to provide financial support to the other spouse. North Carolina recognizes two forms of spousal support: one is post-separation support, and the other is alimony.
Read MoreI still benefit from having a look at the law each time I handle a case. How does North Carolina law guide District Court Judges to make child custody decisions? How the sentences play out in application differs across the State. In Buncombe County, joint and equal legal and physical custody is awarded frequently.
Read MoreSiemens Family Law group is pleased to announce that Jim Siemens and Brenda Coppede have been selected to Super Lawyers in 2018. Jim was first recognized by Super Lawyers in 2012 and is included again in North Carolina’s Family Law category.
Read MoreThe NC Court of Appeals published its opinion this week on a case Jim argued before a special session of the Court in October. Jim was successful in defending equitable distribution, alimony and child support orders entered in Buncombe County last year.
Read MoreJim Siemens traveled last week to the mountain town of Sparta, North Carolina to present an oral argument before the Court of Appeals. The argument was part of a special session celebrating the 50th anniversary of the NC Court of Appeals, holding a session of court in a hometown or county with a special connection for each judge.
Read MoreNorth Carolina courts recognize two forms of child custody: “physical custody” and “legal custody.” Physical custody refers to the right of a parent (or guardian) to have actual physical custody of the child. Legal custody refers generally to the right of a parent (or guardian) to make important decisions on behalf of a child, such as those pertaining to the child’s health, education, discipline, and religious or spiritual training.
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