Ann M. Credle, P.A.Durham NC Family Law Attorney | Durham County Divorce Lawyer2026-04-20T15:36:37Zhttps://www.annmcredle.com/feed/atom/WordPress/wp-content/uploads/sites/1602065/2020/12/cropped-site-icon-32x32.jpgOn Behalf of Ann M. Credle, P.A.<![CDATA[Can your ex deny grandparent contact?]]>https://www.annmcredle.com/?p=508172026-04-20T15:36:37Z2026-04-20T15:36:37ZWhy grandparent access becomes a dispute
Grandparents play an important role in many families. They may help with school pickups, after-school care or regular weekend visits. After a separation, those relationships can become another source of tension. Common reasons these disputes may arise include:
Resentment toward the other side of the family
Concern about prior grandparent involvement
Tension tied to a new romantic relationship
Efforts to control family contact
Disputes about past caregiving roles
These conflicts may begin with adult frustration, but children usually feel the impact first.
When your former spouse may limit contact
If no court order addresses grandparent visitation, each party may have discretion over who sees the children during that person’s scheduled parenting time. That means your former spouse may be able to limit visits in some situations.
For example, your former spouse may choose not to allow visits during weekends or holidays that fall within their parenting schedule. This can happen even when grandparents previously saw the children on a regular basis.
What North Carolina courts may consider
North Carolina courts focus on the best interests of the child in custody matters. If a dispute reaches court, a judge may consider the child’s routine, emotional well-being and the value of stable family relationships.
If grandparents have been a reliable part of your children’s lives, a court may consider that relationship when setting or modifying custody terms. For example, a judge may favor a parenting plan that allows continued contact with grandparents who have long provided care, support or stability.
Judges may also consider whether one parent has unnecessarily disrupted positive family ties. That conduct may become one factor in evaluating each household’s willingness to place the child’s needs first.
What this dispute may really involve
Disputes about grandparents are rarely only about grandparents. They can reflect larger questions about cooperation, family stability and how each household responds when important relationships come under strain. Courts may view those broader patterns as more important than the disagreement itself.
]]>On Behalf of Ann M. Credle, P.A.<![CDATA[How stock options and equity are divided in a high asset divorce]]>https://www.annmcredle.com/?p=508152026-01-09T13:49:00Z2026-01-09T13:38:57ZStock options and equity can complicate a high asset divorce, especially when they make up a meaningful part of your compensation. Unlike bank accounts or real estate, these assets often involve future value, strict company rules and tax concerns. Understanding how courts may treat them can help you feel more prepared as you work toward a fair outcome.
1. Identifying what belongs to the marriage
One of the first issues usually involves deciding which portions of the equity count as marital property. In many cases, stock options or shares granted during the marriage fall into this category. By contrast, equity owned before the marriage or received as a gift or inheritance from someone other than your spouse may remain separate.Timing often complicates matters. Even if you receive shares or exercise options after separation, the value may still relate to work you performed during the marriage. North Carolina general statutes often focus on the company’s intent. A grant that rewards past performance may receive different treatment than one that encourages future work.
2. Valuing stock options and equity
Stock and equity valuation can feel uncertain, especially with private companies or startups. These assets do not trade on a public market, so their value depends on estimates. Financial professionals may look at growth potential, vesting schedules and possible sale events. Still, these figures usually reflect projections rather than guaranteed outcomes.
3. Exploring ways to divide the equity
After you establish a value, you can consider several approaches, depending on company rules and your personal priorities, such as:
Trading equity for other marital assets like real estate or retirement accounts
Delaying division until options vest or shares are sold
Exercising and selling vested options if permitted
Each option involves different timing, risk and tax considerations.
4. Planning for potential tax impacts
Taxes often affect how much you keep. You may owe income taxes when you exercise options, and you may face capital gains taxes when you sell shares. Because the employee spouse usually carries the tax liability, settlement terms often explain how both of you will share that burden.
Planning for a workable outcome
Dividing stocks and equity in a high-asset divorce often requires balancing fairness with future uncertainty. By understanding ownership, valuation and tax factors, you may feel better positioned to make decisions that support long term financial stability.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[How courts in N.C. handle business valuation in a divorce]]>https://www.annmcredle.com/?p=508052025-10-13T07:23:35Z2025-10-13T07:23:35ZClassifying the business as marital or separate property
In North Carolina, the courts classify property as:
Separate property: Assets solely owned by one spouse and obtained before marriage
Marital property: Assets either spouse acquired during marriage
Divisible property: Assets a couple gained after separating but before a court finalizes property division
If you started a business before marriage and maintained sole ownership, the courts may consider it as separate property. A business may be classified as marital property if you founded it during marriage or if your spouse contributed to its growth.
Determining value with specific strategies
Businesses fall under the non-monetary asset category since high-value assets do not have a fixed value. However, the courts use these methods to determine business value:
Income approach: The court examines the business’s earning potential and cash flow.
Market approach: The court compares your business to the selling price of similar companies.
Asset approach: The court evaluates a business’s value through its tangible and intangible assets.
After settling a value, a judge will include it in the overall marital estate and proceed with the distribution process.
Preserving your business legacy
While a judge can order a final decision on division, they allow couples to decide on an agreement that honors the interests of both parties. Property buyout, selling and splitting proceeds and co-ownership are some of the many options a couple can take.
Encountering issues in divorces is possible, especially if both parties refuse to relinquish ownership. Consider consulting an experienced divorce attorney for invaluable advice about protecting your business.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[3 potential warning signs of parental alienation]]>https://www.annmcredle.com/?p=508012025-07-22T18:07:26Z2025-07-22T18:07:26ZDivorce or separation changes a family. Kids often react negatively to changes in their parents' relationship, and sometimes, the split can hurt the relationship between a parent and their children.
A parent can rebuild their relationship with their children by spending time together and making new memories. But parental alienation can get in the way of these efforts, and even cause devastating harm to a relationship that was initially solid.Parental alienation is when one parent intentionally interferes with the other parent's relationship with their children. This can seriously damage the parent-child bond and affect the mental health of both the child and the targeted parent.What are some of the warning signs that can help people recognize possible parental alienation?
Threats involving the children
Before parental alienation happens, one parent might express plans to interfere with the other parent's relationship with their child. They could threaten to prevent the other parent from seeing the children or seek sole custody without valid reasons. Keeping records of these threats can help show the harmful intentions of the other parent.
Canceled or shortened visits
Occasional schedule changes happen. Parents might have to cancel or shorten visits due to work or appointments. But, frequent, last-minute cancellations could mean a parent is trying to keep the child away from the other parent. It's also a red flag if a parent says the child doesn't want to visit and does nothing to help.
Negative talk about one parent
When a parent consistently speaks negatively about the other parent to their children or in public, it can be a warning sign of parental alienation. This behavior often involves belittling, criticizing, or even fabricating stories to damage the child's perception of the targeted parent. Such actions can create an emotional distance between the child and the alienated parent, manipulating the child's feelings and loyalty. Recognizing these patterns is crucial for intervention and protecting the child's relationship with both parents.Parents dealing with parental alienation should keep records of what has occurred and consider taking legal steps to enforce or modify a custody order to help parents assert their parental rights. Seeking knowledgeable legal guidance is a good way to get started.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[What property can spouses protect from division if they divorce?]]>https://www.annmcredle.com/?p=507752025-04-24T16:02:44Z2025-04-24T16:02:44ZThere are several kinds of separate property
The family courts allow people to claim certain resources as separate property based on specific justifications. Frequently, one of the most important considerations is the timing of asset acquisition.
Resources that people purchase and income that they earn before they marry are usually not subject to division. The spouse who entered the marriage with valuable property can often retain those resources when they divorce.
Spouses may have signed a prenuptial or postnuptial agreement. This contract between spouses may specifically designate certain assets as separate for the purposes of asset distribution.
Provided that the agreement is valid, property designated as separate in a marital agreement is usually not divisible during divorce proceedings. Individuals can also protect property that they receive as part of an inheritance or as a gift from people other than their spouses.
Occasionally, there may be some controversy about separate property if there are allegations of commingling or mixing separate assets with marital property. Spouses may need support as they work to evaluate their assets and financial obligations.
Identifying and protecting separate property is an important component of the property division process. Reviewing personal resources and financial records with a skilled legal team can help people determine what assets they need to divide and what property they can retain when they divorce.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[Should keeping the marital home be the goal during divorce?]]>https://www.annmcredle.com/?p=507632025-01-27T00:55:31Z2025-01-27T00:55:31ZBy looking at their finances
Not everyone can afford a mortgage on their own. Their credit score may not be high enough, or their income may not be adequate to afford monthly mortgage payments without a spouse's contributions.
Especially in cases where one spouse must withdraw equity while refinancing to compensate the other, the mortgage payments due after refinancing may be too high for one spouse to afford on their own.
By reviewing maintenance needs
Another factor that influences whether staying in the home is reasonable or not is the amount of upkeep that the property requires. Those who purchase condos, for example, may have an easier time maintaining the property on their own because the condominium association handles yard work and building maintenance. Many divorced spouses struggle to maintain properties on their own without the assistance of a spouse.
By considering emotional attachments
Whether or not there are minor children can play a major role in the decision about staying in the marital home. When there are minor children to consider, remaining in the home might be the best option for them. Doing so keeps them in a familiar environment and allows them to maintain relationships. Parents can ensure that the children continue to attend the same school, for example.
When there are no children or when the children have already left the family home, spouses need to consider whether their memories from during the marriage might make living there after the divorce painful. For some people, leaving the marital home is the best option for practical and emotional reasons.
Regardless of whether a spouse leaves or stays, they typically have a right to an equitable portion of the equity in their marital property. Not everyone should try to stay in their marital home. Those who consider their circumstances as objectively as possible may set more reasonable goals when navigating a complex, high-asset divorce.]]>by Ann M. Credle, P.A.<![CDATA[What Happens When Parents Can’t Agree on Custody?]]>https://www.annmcredle.com/?p=507612025-07-22T11:08:06Z2025-01-02T20:39:51ZWhy Custody Disputes Arise
Custody disagreements typically occur when parents have different perspectives on what is best for their child. Common sources of conflict include:
Parenting Philosophies: Differences in parenting styles or beliefs about education, discipline, or healthcare.
Living Arrangements: Disputes over where the child will primarily reside.
Schedules: Conflicts regarding visitation and shared parenting time.
Relocation: One parent’s desire to move away with the child.
Communication Issues: A lack of effective communication can escalate minor disagreements into major disputes.
Steps the Court Takes to Resolve Custody Disputes
When parents cannot reach an agreement, the court steps in to determine custody based on the child’s best interests. The process generally includes:
1. Mediation
Many jurisdictions require parents to participate in mediation before proceeding to a court hearing. A neutral third-party mediator facilitates discussions, helping parents negotiate and find common ground. If mediation succeeds, the agreed-upon terms are submitted to the court for approval.
2. Custody Evaluation
In contentious cases, the court may order a custody evaluation. A professional evaluator, such as a psychologist or social worker, assesses the family dynamics, interviews both parents and the child, and reviews relevant records. The evaluator then provides recommendations to the court.
3. Court Hearings
If mediation and evaluations do not resolve the dispute, the case proceeds to a custody hearing. During the hearing, each parent presents evidence and arguments supporting their proposed custody arrangement. This can include:
Testimony from parents and other witnesses
Documentation of parenting history and involvement
Evidence of the child’s needs and preferences (if appropriate based on the child’s age and maturity)
4. Judicial Decision
The judge makes a custody determination based on various factors, such as:
The child’s age, health, and emotional needs
Each parent’s ability to provide a stable and nurturing environment
The child’s relationship with each parent
Any history of abuse, neglect, or substance abuse
The child’s preference, if they are of sufficient maturity
The resulting custody order outlines the terms of physical and legal custody, as well as visitation schedules.
How to Handle a Custody Dispute
While custody disputes can be stressful, there are ways to approach the situation constructively:
Put the Child First: Focus on what is best for your child rather than personal grievances with the other parent.
Document Everything: Keep records of your parenting efforts, communication with the other parent, and any relevant incidents.
Stay Open to Compromise: Flexibility can often lead to a resolution without prolonged court involvement.
Work with an Experienced Attorney: A family law attorney can provide guidance, represent your interests, and advocate for your child’s well-being.
Conclusion
When parents can’t agree on custody, the process can feel overwhelming. However, understanding the steps involved and seeking the right support can make a significant difference. At [Law Firm Name], we’re dedicated to helping families navigate custody disputes with compassion and expertise. If you’re facing a custody battle, contact us today to schedule a consultation and take the first step toward a resolution that prioritizes your child’s best interests.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[Narcissists may fight for custody, even if they don’t really want it]]>https://www.annmcredle.com/?p=507522024-10-22T14:08:37Z2024-10-22T14:08:37Zfight for their children.
The need for control
One of the core traits of a narcissist is their desire to maintain control over others, including their former partners. Divorce represents a significant loss of control, and a narcissist may use the custody battle as a way to reclaim dominance. By fighting for custody, they keep their ex-partner emotionally and mentally entangled, prolonging the power struggle.
Additionally, winning custody—whether partial or full— can help ensure that the narcissist continues to dictate terms post-divorce. Even if the narcissist has no intention of engaging deeply with the children, they derive satisfaction from knowing that their ex is forced to engage with them indefinitely through co-parenting.
Using the children as tools for revenge
Divorce can be a blow to the narcissist’s ego, and they often view it as a personal attack rather than a mutual decision. In retaliation, the children become collateral damage in their quest for revenge. A narcissist might fight for custody, not out of love but to punish the other parent.
By keeping custody or enforcing difficult parenting time schedules, they can hurt their ex emotionally, mentally and even financially. Even if they don’t win full custody, narcissists can use the children to sow discord. They may:
Interfere with parenting schedules
Alienate the children from the other parent
Make decisions that create unnecessary conflict
This behavior, often referred to as “parental alienation,” reflects the narcissist’s desire to continue inflicting pain post-divorce, with the children serving as pawns in their power game.
For narcissists, custody battles are often not about the children’s well-being but about feeding their ego and extending the power dynamics of the marriage into the post-divorce relationship. When dealing with a narcissist in a custody dispute, it’s essential to focus on creating healthy boundaries and seeking legal support to prevent children from becoming tools of manipulation in an ongoing power struggle.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[What happens to retirement savings during divorce?]]>https://www.annmcredle.com/?p=507512024-07-24T16:55:27Z2024-07-24T16:55:27ZSavings may be subject to division
Some people mistakenly believe that their retirement savings are their separate property. The account may be only in their name, leading them to think that they can retain the entirety of the account when they divorce. However, the rules for property division focus less on who opened an account and more on the resources they used to fund the account. Any contributions to a 401(k) or similar account during a marriage are likely subject to division when people divorce.
Spouses may need to go over financial records carefully to establish how much of an account is vulnerable to division when they divorce. Any amount of marital income contributed to the account could be subject to division.
Thankfully, spouses can potentially avoid taxes and penalties related to an early withdrawal. If the spouses have an attorney draft a qualified domestic relations order (QDRO) after the courts approve the final property division order, they can divide the balance of the account into two separate accounts without worrying about penalties and taxes.
Actually dividing the account is not necessary to integrate its value into the divorce process. Spouses may be able to reach alternate arrangements involving other assets of comparable value. Home equity can help offset the value of retirement savings in some cases, for example. Many people do have to plan carefully to rebuild retirement resources after they divorce.
Those who understand what property is at risk of division during divorce proceedings can use that information to negotiate for reasonable terms or when preparing for court. Dividing a retirement account may be a necessary step when trying to achieve an equitable distribution of marital property.]]>On Behalf of Ann M. Credle, P.A.<![CDATA[What is financial infidelity, and why can it lead to divorce?]]>https://www.annmcredle.com/?p=507502024-04-30T17:54:40Z2024-04-30T17:54:40ZWhat is financial infidelity?
At its most basic, financial infidelity is simply the practice of intentionally misrepresenting one's finances to a spouse. Financial infidelity could involve under-reporting income, possibly by moving a little bit of each paycheck into a secret account.
Financial infidelity could also entail opening secret credit cards so that one spouse isn't aware of the other's shopping habits. Spousal financial infidelity usually involves misrepresenting one's resources or hiding debts from a spouse. People may only uncover financial infidelity when marital circumstances deteriorate. It might even be the right of financial discovery during divorce proceedings that uncovers someone's hidden debts or secret bank accounts.
How financial infidelity affects divorce
For some couples, the discovery of financial infidelity is the underlying cause of a divorce filing. For those divorcing someone who has been dishonest about finances, there are numerous concerns to address. Financial infidelity is more likely to be an issue for those in high-asset marriages preparing for complex divorces. People have to consider whether there could be additional hidden assets and what impact those resources might have on property division proceedings.
A spouse not informed about their partner's shopping habits or credit card balances might potentially seek to exclude certain financial obligations from the marital estate during a divorce. If people want financial misconduct to influence the property division process, then they typically need concrete evidence to present to the courts or their spouse's acknowledgment of their misconduct during negotiations.
Understanding the unusual marital challenges that can complicate certain high-asset divorces can be beneficial for those preparing for the end of a marriage. Those who gather proof of financial infidelity can push more effectively for a reasonable property division outcome.]]>