Category Archives: Family Law

Welcome our Newest Attorney: Matthew D. Henderosn

Troutman & Napier, PLLC is expanding services with the addition of our new associate attorney, Matthew D. Henderson. Continue reading

Posted in Child support, Divorce / Dissolution of Marriage, Estate planning, Family Law, Solo & Small Firm, Solo - Small Firm Practice | Tagged , , , , , | Leave a comment

It takes more than agreement for a custody order

While some courts will still issue an agreed custody order without these specific findings, it is not the best practice. Even if the divorce or custody action is being submitted on the record and all parties are in agreement, it is best to submit …. Continue reading

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Keeping the House

One of the most common desires divorcing couples who have children express is for one of them to keep the marital residence. Understandably, there is a strong emotional attachment to a home, especially one that is owned. The desire to keep that home is…. Continue reading

Posted in Child support, Distribution of property, Divorce / Dissolution of Marriage, Family Law | Tagged , , , , , | Leave a comment

Holidays are rough for families in conflict

Yes, I practice family law. And yes, I handle divorce actions as part of that practice. And, I am most successful in that when I help my client reconcile. Sometimes this reconciliation means the divorce never happens and they re-invest in their marriage. Sometimes, though, reconciliation… Continue reading

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Avoid timeshare conflict being your childrens’ Christmas gift

The season celebrating God the Father giving up His most precious gift: His only Son born of Him, becomes the season of giving grief. This is because we all (not just divorced parents) turn the season into one of being entitled. An expectancy of receiving takes hold. As parents, we slip into holding the holiday itself as… Continue reading

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Hiding assets in a divorce – just not worth it

Sometimes people are tempted to leave assets off of these disclosures. This just seems silly to me. The other party nearly always discovers the omission. If assets are hidden, then that provides grounds for any settlement or judgment entered to be set aside and tends to piss off the judge…. Continue reading

Posted in Discovery, Distribution of property, Divorce / Dissolution of Marriage, Evidence, Family Law | Tagged , , , , | Leave a comment

Quick, claim the quitclaim

I took a call from a lady who has called several times over the past two years for help on various things. Today she was asking about a quitclaim deed. Some call this mistakenly a “quick claim” deed because they think it is quick. Actually, it is a “quitclaim” or “quit-claim” deed because the grantor is quitting their claim to the property. They are merely… Continue reading

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Blended families and estate planning

If you have a blended family be sure to talk to a lawyer who understands these issues to make sure your family is protected the way you want if you were to pass away. Continue reading

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Hidden Issues in Child Support 1

An opposing attorney may tell you, if you are not represented by a lawyer in a divorce action, that child support is very cut and dried and the amount they are proposing is determined by statute. This is a partially true statement. It is determined by statute and in the realm of things, it is indeed cut and dried in comparison to other legal matters. However, … Continue reading

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Dividing stuff up

In short, a domestic support obligation that arises from the distribution of property will be treated as a general unsecured debt in a Chapter 13. This creates a quandary for settling matters, especially in this market where houses (the major asset that is divided up in a divorce) take so long to sell. If there is a major asset, like a house, that has equity to be divided and one party wants to hold onto it or control its sale, one strategy is to realize that equity through debt. Continue reading

Posted in Distribution of property, Divorce lawyer tactics, Family Law | Tagged , , , , , , | 1 Comment