The Law Office of Cynthia Mills, LLP

04/14/2015

04/14/2015

04/10/2015

Tip of the Week: When going through separation many people are so focused on the major issues of custody, child support, alimony and property division they overlook the more sublime issues that need to be addressed.

This includes removing your ex-spouse as the beneficiary of any wills, life insurance policies, death benefits, retirement benefits, investment accounts, etc. A separation agreement may designate you as the sole owner of these assets but you still need to take the added step of actually removing the spouse as a beneficiary.

Should you die with the ex-spouse still remaining as the beneficiary then he or she will still receive the proceeds from your assets. So remember to remove your ex-spouse as your beneficiary after separation unless you intend to have them still inherit those assets in the event of your death.

07/11/2014

Tip of the Week: Once a custody lawsuit is filed the parties must go to mediation before the case is heard by the Court. The mediation program is funded by the State of North Carolina. Its purpose is to give parties the chance to settle their custody case with a mediator before going to court and taking the chance of what a judge will decide. This program is free. The parties' attorneys are not allowed to participate and everything said in mediation is privileged and cannot be used in court against either party.

At the first mediation date the parties will watch a film about divorce and how it impacts children. A second date will be set for the parties to return and sit down with the mediator. During this session the parties attempt to forge a workable custody agreement with the mediator. If the parties are able to do so, the mediator sends a draft of the agreement to the parties' attorneys for their approval. If the agreement is approved it goes to the judge for their signature. Once signed, the agreement becomes an Order of the Court just as if you had litigated the case.

The mediation process is designed to help people resolve their custody case and to avoid the stress and expense of litigation. However in order for this process to work both parties must be willing to compromise on their positions. Not all custody cases can be resolved this way. If either party feels their position is essential for the best interest of their children then there will not be a resolution and the mediator will send the attorneys a notice that the process was unsuccessful. The case will then be given a trial date.

So this week's tip is to keep an open mind when you attend mediation and remember that if you and your ex-spouse can reach a resolution you both feel comfortable with, it will ultimately help you co-parent your children in a positive way.

05/07/2014

Tip of the Week: When a separation is imminent and you are the one who is leaving the marital home, there are important steps you should take to protect yourself prior to leaving. I advise my clients to take a video inventory of all the furniture and furnishings so that if something goes "missing" you have it on video to prove it was in existence when you left. Also make a comprehensive list of all bank accounts, retirement accounts, stock accounts, mortgage statements, credit card statements,life insurance policies, etc. including the institution holding those accounts and the account numbers. Make copies of those statements for the last three years. You will also need tax returns for the last three years.

Having possession of this information will aid your attorney in representing you and will save valuable time and money because you won't have to request production of those documents from your spouse or the institution.

Sooo this week's tip is make sure you have documentation of your marital financial history before you leave the marital home. And don't leave the marital home until you have talked to an attorney.

04/17/2014

Tip of the Week: When things start to go south in a marriage many times people are so frustrated and angry, they just want to get far away from their spouse. This often results in one of the spouses leaving the marital home quickly and without any separation agreement or lawsuit being filed. In most situations this a major mistake. Once you leave the marital home, the other spouse can use that as a fault ground by alleging that you "abandoned" them. Also when there are children involved, once you have left the marital home with the children still there, you are at the mercy of the spouse who remains as to how much you will be able to see your children. When you hastily move out you leave all the marital furnishings in the control of the spouse who remains there.

Many times one spouse will manipulate the other by saying they just need some time to think about the marriage and urging the other to move out. They may tell you that your leaving will only be temporary while they sort out their emotions. Do not fall for this. Once you are out of the house it can be very difficult to get back in.

Sooo, this week's tip is Do Not leave the marital home until you have talked with an attorney.

04/07/2014

Tip of the Week: Social media is an easy way for people to connect and communicate. However, in my profession as a family lawyer, I find that people post way too much information on social pages. It can destroy a person's custody case when there are pictures of them posted on social media which show bad behavior such as being intoxicated, smoking ma*****na, inappropriate dress, pictures taken in bars and nightclubs, etc. This scrutiny also extends to the people you associate with. In many cases these pictures are printed out and given to the opposing party to use as evidence.

This warning also extends to dating sites. Many times when people are going through a divorce they jump into a new relationship to help them "forget" about their bad marriage. As a result many people hastily enter into new relationships which are ill advised. Some information on these dating sites is accessible to anyone who joins the particular website.

Soooo, this week's tip is BE CAREFUL WHAT YOU POST ON SOCIAL MEDIA BECAUSE YOU NEVER KNOW WHO IS WATCHING !

01/21/2014

A special thank you to everyone liking our page!! Be on the lookout for helpful daily tips coming soon!!