Allan Brandon Tise

Mistakes to Avoid During Alimony Negotiation
Alimony negotiation is one of the toughest parts of divorce proceedings. As the supporting spouse in alimony negotiations, you may have difficulty accepting that you must support your spouse financially, in the future, even though you are no longer married.

If you are not careful, the mental and emotional pressure of alimony negotiations may lead you to make mistakes that affect your financial future. To help you avoid jeopardizing your finances, read on to learn about four mistakes you should avoid during alimony negotiations.

1. Do Not Spend or Hide Money to Reduce Payments
Many people assume that if they spend their money, the judge will ask them to pay less alimony. This dangerous assumption can have lasting repercussions on your financial stability after divorce. The court determines what amount to pay for spousal support based on income, and need of the dependent spouse.
You may think you can hide your money if you can't spend it, but this is also a bad idea. The judge will discover that you have hidden your money, which compromises your credibility and subject you to sanctions and potential contempt of court.

2. Do Not Choose Short-Term Payments or a One-Time Deposit
Divorce can be an unpleasant experience and make you want to get it over with and cut all ties with your ex. However, if you rush your alimony payments, you often end up being the loser.

If you opt for short-term payments or a lump sum, you pay a substantial amount of money within a short time, which can put a dent in your savings. Long-term payments may cost less, and you can terminate alimony if you die, your spouse dies, your spouse cohabitates, a specific cut off date is stated, or your spouse remarries. If you had already paid a lump sum or finished your short-term payments before one of these events occurs you lose all that money.

3. Do Not Fail to Specify the Terms of Payment and Termination
Ensure you negotiate an alimony agreement that is specific on how and when you will dispense the alimony and the grounds for termination of alimony. You especially want to pay attention to the terms of termination which were stated earlier and a fifth ground for termination is stated date for end payment even if none of the other four grounds has occurred yet.

4. Do Not Fail to Consult an Outside Expert
A financial expert can be helpful during alimony negotiations whether you are the supporting spouse or the dependent spouse. He or she may prove invaluable in helping to prove need, ability to pay and hidden income just to name a few things.
Alimony negotiations are difficult to navigate when you are still dealing with the emotional aftereffects of a divorce. That is why you need to have an attorney representing your interests. At Allan Brandon Tise, we give you help to negotiate your alimony agreement favorably. Contact us today for legal representation during your divorce proceedings and alimony negotiations.

Please call our office to schedule your consultation today.

Every marriage experiences ups and downs. However, when the downs are dominated by continuous emotional pain, unending emotional turmoil, and are often undermined or not recognized, it may signal emotional abuse.
Emotional abuse is deceptive, leaving no physical scars, yet undermining your self-esteem and peace of mind. Here are six subtle signs you should look out for to protect your emotional well-being and seek necessary help.
1. Name Calling
When an abuser identifies you with a negative term or phrase, they are engaging in name-calling. This may take the form of a personal attack on your intellect, character, or looks. It may be difficult to identify these slights as emotional abuse because of their subtlety. Abusive pet names are another sort of endearing but demeaning teasing that people may use.
In addition, if your abuser responds to your concerns or complaints about these terms with phrases like "I am just kidding", they are reinforcing their power and control over you. The use of derogatory names is a common tactic in emotionally abusive relationships since it has the dual effect of silencing the victim and making them feel unworthy.
2. GasLighting
Gaslighting refers to a pattern of behavior in which one spouse repeatedly uses deception and manipulation of the facts to cause the other to doubt their sanity. This can set up a situation where the gaslighter has the upper hand and the other person feels powerless.
Denial and distortion are essential features of gaslighting in relationships. In an effort to make you question your own recollections and perceptions, your partner may repeatedly tell you things that complicate your remembering of an event. This might cause you to doubt yourself and become disoriented, both of which help the gaslighter keep power.
3. Patronizing
Talking down to you, questioning your intellect or ability, or treating you like you are incompetent are all signs of this form of emotional abuse. You may find that this kind of behavior justifies more authoritarian treatment from others. Your partner may try to be condescending by, for example, talking down to you or asking you questions that appear harmless. These kinds of exchanges might lower your confidence and make you feel unworthy.
When one partner indicates (but does not explicitly state) that the other is not intelligent, competent, or resourceful enough, that is another form of patronizing behavior in a relationship. An imbalance of power in the relationship can develop if one partner constantly feels they have to rescue or take care of the other.
4. Emotional Withdrawal
The use of silence is a form of emotional harm in which the abuser stops talking to or even talking to the victim for long periods of time. Feeling like you have to walk on eggshells or wonder what you did wrong can result from receiving the silent treatment. This manipulative strategy might make you feel helpless and compelled to gain the abuser’s acceptance.
5. The Cold Shoulder
Giving your partner the cold shoulder means you still talk to them but act distant and chilly anytime they are sad or furious. Like a dog left out in the rain, this sort of subtle punishment might leave you feeling like you need your partner's approval and affection all the time.
The abuser has less of a need to justify their actions when they give the cold shoulder, unlike when they give the silent treatment.
6. Constant Monitoring
Even while your partner may mean well by constantly checking in on you and wanting to know where you are at all times, this is actually a type of emotional abuse that goes unnoticed by the victim. This kind of conduct can manifest itself in a variety of ways, including frequent requests for updates, demands for details about your plans, and even digital surveillance.
It may appear that your partner is concerned about your well-being when they make constant demands to know where you've been and the individuals you are with. However, you should realize that this is their strategy for dominating you.
Contact us at Allan Brandon Tise for legal representation in divorce proceedings if you are a constant victim of abuse.

Primary Legal Child Custody: Why It's Important and When To Pursue It

When it comes to child custody battles, the primary focus is the well-being of the child. While joint custody arrangements can work well for many families, you may have a situation where primary legal custody (in your favor) is the best option. Take a look at what you need to know about primary legal custody in North Carolina and some of the top reasons why a parent might want to go this route.
What Is Primary Legal Child Custody In North Carolina?
There is not one type of child custody in North Carolina. Instead, the main categories include legal and physical custody. In North Carolina, as in other states, legal custody gives the parent (or parents, depending on the agreement) the ability to make important decisions for the child or children. These decisions could include the choice of educational institution, health/medical care and treatments, or religion.
Unlike legal custody, physical custody does not necessarily grant the parent a decision-making right. This type of custody focuses on physical care. The child will live with the parent who has physical custody of them. If both parents are awarded physical custody, the child will split their time between the two homes. This type of shared agreement is called joint, shared, custody. Joint, shared, custody can apply to legal and physical custody agreements.
In North Carolina, parents can also file for primary legal or physical custody. Primary legal custody gives the parent primary decision-making rights. If you have sole legal custody, the other parent will not have the equal right to make decisions about your child's schooling, healthcare, the religion they practice, or anything else that is considered significant or important.
Why Is Primary Legal Child Custody Important?
The tie breaking authority to make major decisions regarding the child's life can help to maintain consistency and prevent conflicts that may arise when one parent is incapable of making decisions in the child’s best interests. decision-making power. It ensures that important choices align with the parent's values and what he/she believes is best for his/her child. While it is not always necessary for one parent to take full control of decision-making for the child, and Courts often give joint legal custody some families can benefit from a primary legal custody agreement.
In situations where one parent is concerned about the stability or safety of the child, pursuing primary legal custody can provide a level of protection. Safety concerns could include parental substance abuse, domestic violence, neglect, or other factors that could potentially harm the child. Not only could these types of situations put the child in jeopardy, they could significantly impact the parent's ability to make healthy, thoughtful decisions or lead to decisions that have negative consequences.
What Happens If the Parents Don't Agree With Each Other?
High-conflict relationships between parents can negatively impact children's emotional well-being. Constant disagreements and what feels, to the child, like an ever-present battle between two people who they love, can have lasting effects.
A 2021 study published in the Journal of Child and Adolescent Trauma found a connection between high-conflict divorces and an increased likelihood of childhood post-traumatic stress symptoms. Primary legal custody can reduce the likelihood of disagreements and conflicts that arise when both parents share decision-making authority. In some situations, this may create a more stable and peaceful environment for the child to thrive.
Why Would a North Carolina Court Award Primary Legal Custody?
There is not one universal reason why a North Carolina Court would or could award primary legal custody to a parent. The court will take the child's best interests into consideration when making custody decisions.
If a parent genuinely believes that primary legal custody serves their child's best interests, he/she may pursue it. If the court agrees, they will award it. This is often the case if one parent is significantly more capable of providing emotional support, maintaining a stable home environment, or making decisions that are in line with the child's needs and well-being or when one parent’s work schedule is not conducive to equally sharing custody, or one parent has signification issue which make equal custody against the child’s best interest.
Do you want to learn more about child custody in North Carolina? Contact the office of Allan Brandon Tise, PLLC, for more information.

7 Reasons to Hire a Lawyer During Divorce |

If you are getting a divorce, consider hiring a lawyer. Discover some of the reasons you should seek the help of a divorce attorney as you go through this.

7 Key Reasons to Hire a Lawyer During Divorce

Divorce can be challenging despite both parties agreeing to part ways. Children's custody and asset division are two of the potential areas of contention during a divorce. If you are getting a divorce, consider hiring a lawyer. Discover some of the reasons you should seek the help of a divorce attorney
1. Better Communication With Your Spouse
Separation and divorce complicate communication. Since emotions and tension are high, you may need to limit your contact with your ex. The anger and feeling of betrayal can ruin communication between you and your partner.
Unfortunately, total lack of communication can derail the divorce process. Despite feeling angered by your ex-spouse, you still need to discuss various issues. Luckily, your divorce lawyer can take charge of the communication to avoid problems. An attorney can talk to your Spouse’s legal team without eliciting emotions.
2. Someone to Deal With Legal Paperwork
You must file a lawsuit to the court to initiate a divorce. The court needs certain specific information regarding your marriage. You may not know which documents the court requires unless you have been through a divorce.
However, you don't have to deal with stressful paperwork when you have a divorce attorney in your corner. An attorney will inform you which documents you must gather and help you complete the necessary paperwork. Apart from drafting the most effective document, your divorce attorney will also explain the contents of the paperwork.
3. Avoid Expensive Mistakes
Mistakes during divorce proceedings can cost you or derail your case. Unfortunately, many people don't realize when they make serious mistakes and may not be able to remedy them. Familiarizing yourself with the common mistakes during divorce can help you avoid them. However, you still need an attorney to help you avoid costly errors.
Some mistakes can cause financial harm or paint a bad picture of you. Correcting financial mistakes may require additional legal proceedings that cost more money. If you paint a bad image to the judge, he/she might rule in favor of your ex-spouse.
4. Legal Know-how
You are allowed to represent yourself in court without the assistance of a lawyer. However, pro se litigants have lower chances of success. So, as much as you would want to represent yourself, you may lack the legal know-how to handle a family law case.
By hiring a divorce attorney, you usually increase your chances of success. Attorneys are knowledgeable and can help avoid unnecessary conflicts. Make your divorce journey smoother by hiring a knowledgeable guide.
5. Peace of Mind
Divorce is an emotionally stressful experience that can affect your mental health. Having someone to help you with the negotiations and legal responsibilities can alleviate stress.
Delegating these responsibilities to a divorce attorney takes a lot of the burden of handling the case off your shoulders. This way, you can move forward and rebuild your life.
6. Objective Advice
Many people fail to see things objectively, especially when emotions run high. Since you and your partner are not impartial during divorce, you will need someone to offer objective advice.
A divorce attorney who sees things objectively makes them an excellent addition to your team. Your attorney will offer objective advice based on what is best for you.
Allan Brandon Tise, PLLC, we can help get you through your divorce. Contact us for help with your divorce case.

Next week is a short week with the Holiday and we will only be open Monday-Thursday, 8:30 a.m.-5:00 p.m. Please call the office to schedule an appointment now. Availability is limited.

We look forward to speaking with you.

We Are Here For You Wilmington NC Divorce Attorneys who are normally fighting with eachother in court come together to share a message of hope andencouragement due to the Corona...

Considering Who Keeps the House in a Divorce:

One of the biggest assets in any marriage is the family home. It's often the asset that has the most emotional significance for the entire family, especially the children. So the question comes up: who, if anyone, keeps the house after the divorce?

North Carolina is an equitable distribution state, and that fact will help drive whom the courts award the house to. However, you and your spouse can also make that determination on your own. Find out about the process of dividing assets such as the marital home.

Equitable distribution aims to divide assets fairly. A fair, or equitable, division doesn't necessarily mean an even one and it is possible for one spouse to be awarded the marital house in many circumstances.

When the courts approach the division of property in a divorce, they're trying to set up both spouses fairly after the divorce relative to the marital property. Wage earners and homemakers receive the same consideration.

A big factor in equitable distribution is each spouse's ability to earn after the divorce. Therefore, they take into consideration each spouse's age and health as well as income, assets, and liabilities. They'll also take into consideration non-marital property belonging to one spouse only. So the keeping of the family home might be offset by some other property ownership.

Types of Property:
North Carolina recognizes three types of property - marital, divisible, and separate. Marital property encompasses all assets either spouse earned during the marriage. It includes wages and property acquisition, such as the house, as well as pensions, benefits, and other forms of compensation. This property is eligible for equitable distribution.

Divisible property encompasses any change to assets from the time of separation to property division. For example, it will include a bonus one spouse earned during the marriage even if it wasn't awarded until after separation. It also includes debt incurred during the marriage that didn't show up until after separation. This property is also eligible for equitable distribution.

Separate property is any asset or debt you or your spouse had before getting married. It also includes assets and debts accrued after separation. This property is not eligible for equitable distribution itself, but separate assets might be considered in determining what a fair division of marital property is. So if your spouse has an inherited home, that fact could offset the division so you get awarded the marital house.

Marital Settlement and the House:
You and your spouse don't have to leave the determination up to the judge. You can come up with a marital settlement with your own division of property - including the house.

If you're the one who wants the house, be clear about your reasons and your ability to maintain the house. A common reason is to avoid a disruption in children's lives. Indeed, the courts will often award the house to the parent who has custody of the children.

If you do decide you want to keep the house, be aware you may have to refinance your mortgage as a sole owner. Check your finances to ensure you can cover all the expenses associated with sole ownership. You'll also have to compensate your spouse to take sole ownership. As noted, you might offset the cost with other marital assets of equal value.

To determine that factor, you may have to get an appraisal of your house. With a marital settlement, you negotiate with your spouse directly or through a mediator. If you can't reach a settlement, the courts will decide but sometimes the only real option is selling the house and splitting the proceeds.

If you want to discuss your options, contact Allan Brandon Tise, PLLC, Attorney at Law.

Is Child Support Required?:

The law requires all parents to support their children until a statutory termination event occurs. We work with you to establish, enforce or modify child support. We can even give you a same-day estimate on what child support could potentially be. We can even give you a same-day estimate on what the child support could potentially be.

Determining Child Support:

Determining child support involves a wide variety of factors, including the number of children, the gross income of both parents, child care expenses, medical premium payments and extraordinary expenses. Generally, the parent who has the children most of the time receives the child support payment to pay for bills, food and other expenses resulting from the care of children involved. Child support cases can be simple or complex. Each case has difficult facts which determine the obligation when applied to North Carolina Child Support Guidelines. Incorrectly calculating the child support obligation can produce very harsh results for one side or the other. We are here to guide you through the process and help you arrive at a fair and accurate child support obligation. Call us today.

The court has allowed The resumption of Absolute Divorces, by Summary Judgement, via video conference. Call us today to see how this may change your case.

The Court has adopted temporary local domestic rules regarding emergency hearings. Emergency hearings can include child custody, child support and spousal support. Contact us with your questions and let us help you get the emergency relief you need.

(910) 251-9614

Stimulus Checks and Child Support:
Could my rebate check be offset by any outstanding money owed for child support?

The rebate checks are not subject to the majority of offsets, including student debt and state debts. The only administrative offset that will be enforced applies to those who have past due child support payments that the states have reported to the Treasury Department.

If you have any further questions regarding child support and your stimulus check, please call our office and we will be happy to discuss your concerns. (910) 251-9614

The Chief Justice of the Supreme Court of North Carolina has issued an additional 30 day continuance for all superior court and district court proceedings, including those held before the clerks of superior court. These proceedings must be scheduled or rescheduled for a date no sooner than June 1, 2020. Unless:

1. The proceeding will be conducted remotely and in this instance, both parties must agree;
2. The proceeding is for the purpose for obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, or juvenile custody order).
3. The senior resident superior court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants.

We understand that this additional 30 day continuance is concerning for you. However, we are still continuing to diligently prepare your case and make progress in every area which does not require a court hearing.

We are operating with vigilance, compassion and care as we manage through this difficult time together. Should you have any questions you can always reach us via telephone or email. Thank you for your continued trust.

Dear clients,

We hope everyone is continuing to stay well and wanted to provide you with another update based on Governor Roy Cooper’s Stay at Home Executive Order and the New Hanover County restrictions.

Starting Tuesday, March 31st, we will be following the Governor’s Order to help slow the spread of COVID-19. We are classified in his order as an “Essential Business” and will continue to work from our office for as long as we are healthy. We will be available to answer any legal questions you may have and continue to work on those cases that are tentatively scheduled for the upcoming April 2020 sessions. Although the Courthouse is currently not hearing domestic cases, it is imperative that we continue to abide by timelines for answering discovery, subpoena responses and we encourage your cooperation for same.

As we stated last week, we will no longer holding in office meetings but we continue to be available to you by phone, fax, email, Zoom and Facetime.

We will continue to update you as information becomes available. If you have any questions, please do not hesitate to contact us.

Video Conferencing, Web Conferencing, Webinars, Screen Sharing

Dear clients:

We are now adding to the alternative ways to contact our office by offering conferences via Zoom. If you do not have the Zoom App, you can download it through the Apple App Store or Google Play. In addition, see the attached website link which provides you alternative options should you wish add the Zoom extension to your laptop browser. ie. Chrome or Firefox https://zoom.us/download. Simply choose how you wish to download Zoom and set up an account.

Should you schedule a meeting with our office, we will send you a Zoom meeting invite via email at the scheduled time. Simply click on the invitation link and you will be prompted to join in the meeting.

We look forward to speaking with you and are open to constantly exploring alternative ways to answer your legal questions. Should you have further questions feel free to contact at the office. We appreciate your patience as we all try to successfully navigate the pandemic.

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Dear clients:

Due to the overwhelming concern caused by the current Pandemic we have chosen to discontinue all in person office appointments for the time being. We understand that many of you wish to visit with us in person, but out of the abundance of caution, for your health and ours, we can no longer do it.

Please be advised that we will continue to work our normal business hours Monday- Friday 8:30 a.m. -5:00 p.m. until otherwise mandated by a government agency. We are available via:
• Telephone conference (910) 251-9614;
• Email: [email protected]; [email protected];
• Facetime: [email protected] [simply press the (+) icon and type the email address after (To:__________)];
• Skype: [email protected]

We will continue to keep you and your case a priority during this time of uncertainty and we will file any pleadings, motions, etc. required. As of today, the courthouse has sent out a preliminary two-week session for April 27, 2020. This is a fluid calendar and it is still unclear if we will be able to hold Court at this time.

We are operating with vigilance, compassion and care as we manage through this difficult time together. Should you have any immediate questions you can always reach us via telephone or email. Thank you for your continued trust.

Coronavirus Disease 2019 (COVID-19)

Re: Fifth Judicial District Response to COVID-19 (Update)


On March 13, 2020 Chief Justice Cheri Beasley entered an order implementing measures designed to curb the spread of COVID-19 and minimize the risk of exposure caused by crowded sessions of court. Consistent with the Chief Justice’s order, effective Monday, March 16, superior court and district court proceedings of the Fifth Judicial District will be rescheduled for at least 30 days, with limited exceptions, which appear on the following pages.

The emergency directive of the Chief Justice does not prohibit a judge or other judicial officer from exercising in chambers or ex parte jurisdiction conferred by law upon that judge or judicial officer, as provided by law.

On March 19, 2020 Chief Justice Cheri Beasley entered an order extending filing deadlines for most trial court and clerk cases, ordering that all other acts that were or are due to be done in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely done if they are done before the close of business on 17 April 2020.. A copy of that order is attached hereto.

Court offices in New Hanover and Pender Counties will remain open. However, unless you are required to appear in-person to conduct your business, attorneys and the public are strongly encouraged to use email and telephone to communicate with staff of the Fifth Judicial District. While filings are permitted, you are encouraged to use your discretion in delaying filings for the duration of this crisis.

DISTRICT COURT:
• Maintain normal office hours, until further notice

Civil Domestic Violence Court
• Applications for ex parte Domestic Violence Protective Orders and 50C No Contact Orders will be filed in the Clerk’s Offices.
• Hearings on the applications for ex parte Domestic Violence Protective Orders and No Contact Orders will be conducted in Courtroom 300 daily in New Hanover County.
• Effective Monday March 23, 10-day hearings on ex parte Domestic Violence Protective Orders and No Contact Orders will be scheduled daily in Courtroom 300.
• Hearings on the applications for ex parte Domestic Violence Protective Orders and No Contact Orders in Pender County will be conducted in either the Baysden Annex or Dees Drug Store Courtrooms between 9:30am and 12:30pm.
• 10-day hearings on ex parte Domestic Violence Protective Orders and No Contact Orders will continue to be scheduled on Mondays in Pender County.
• DVPOs with no ex parte Order, 50C No Contact Order hearings with no ex parte order, Motions to Show Cause, Motions to Modify or Set Aside, and Motions for Return of Weapons may be continued beyond 30 days.

Civil District Court
• Motions for emergency relief including ex parte relief will be considered daily in New Hanover and Pender. In Pender County these applications can be made between 9:30am and 12:30pm on any day that District Court is open in Pender County.
• All other matters will be rescheduled beyond 30 days.
• All District Court Arbitrations will be rescheduled beyond 30 days.

Domestic Court
• All domestic courts will be closed, and cases will be rescheduled beyond 30 days.
• Emergency hearings will be scheduled with approval from the Chief District Court Judge.
• Child Custody Mediation Orientation will be conducted by video conferencing only.
• Child Custody Mediation may be scheduled by video conferencing only.
• Absolute divorce hearings are cancelled pending further notice.

Juvenile Court
• Hearings on the need for continued non-secure and secure custody will be heard in Courtroom 100 at 9:30am each Wednesday. Secure custody hearings will be scheduled at 9:30am, and non-secure custody hearings will be scheduled at 10:00am.
• Hearings on the need for continued non-secure and secure custody in Pender County will be conducted on a as-needed basis during sessions of Pender County Court.
• All other proceedings in Juvenile Court will be rescheduled beyond 30 days. Other emergency matters may be scheduled through the Chief District Court Judge and will be scheduled on Wednesday mornings.

Child Support Enforcement Court
• Jail reviews will be heard at 9:30am each Tuesday in Courtroom 302 in New Hanover County.
• Jail reviews will be heard at 9:30am on the regularly scheduled day for Child Support Court in Pender County.
• All other child support matters in both counties will be rescheduled beyond 30 days.

We are diligently trying to keep our clients updated day to day as we endure these times of uncertainties. If you have any questions regarding the above, please call our office to discuss. (910) 251-9614

coronavirus.gov Coronavirus disease 2019 (COVID-19) is a virus (more specifically, a coronavirus) identified as the cause of an outbreak of respiratory illness first detected in Wuhan, China.