Hendersonville North Carolina Law Firm

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Post Decree Modification of Child Support

Generally, child support is a noncustodial parent's obligation to support a child until he reaches age 18, graduates from high school, or is otherwise emancipated. A child can be emancipated through a statutory process, by entering the military service, or by getting married.

Fraud During a Marriage or Relationship and Transmissions of a Serious Disease

Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff's claim that they were induced to have sex with a defendant based upon the defendant's representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant.

Invalid Provisions In a Premarital Agreement

Premarital agreements are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.

Changing a Minor's Last Name

The issue of changing a minor's name is a rapidly emerging issue due to divorce, same-sex marriages, and parents using different last names. In the United States, there has been a tradition for centuries and a general assumption that a child born in wedlock will carry their father's last name or surname.

Divorce and Debt Division

During divorce proceedings, couples not only have to divide up their assets but they must also divide their debts. There are various types of debt that must be divided during divorce proceedings.