Forms - Onslow County — Fristensky Law, PLLC

Onslow County Family Law Attorney

Student Loans in Equitable Distribution Cases

September 24, 2026

Student Loans in Equitable Distribution Cases

September 24, 2026

North Carolina does not automatically classify student loans as either marital or separate debt. A loan is marital debt to the extent it was incurred during the marriage, before separation, for the parties’ joint benefit. The spouse seeking marital classification must prove both that joint-benefit purpose and the debt’s value at separation.

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September 24, 2026

September 15, 2026

7 Myths Related to Child Support

September 15, 2026

Practical Takeaways

Follow the current order unless it is changed by the court.
Keep records of payments, child-care expenses, health-insurance costs, overnights, and communications about schedule changes.
Act promptly when income, benefits, work, housing, or the parenting schedule materially changes.

Do not use self-help—withholding support or denying parenting time can create additional legal exposure.

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September 15, 2026

Terminating Parental Rights Without a Stepparent Adoption in NC: What You Need to Know

July 3, 2026

Terminating Parental Rights Without a Stepparent Adoption in NC: What You Need to Know

July 3, 2026

If you have a spouse who is willing and eligible to adopt, presenting your termination petition alongside a credible stepparent adoption plan creates a substantially stronger argument than asking the court to leave your child with only one legal parent.

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July 3, 2026

True Sacrifice - the importance of rehabilitative alimony.

June 28, 2026

True Sacrifice - the importance of rehabilitative alimony.

June 28, 2026

…alimony and the division of retirement assets are not gifts, punishments, or handouts. They are a necessary legal mechanism designed to rebalance the scales after a partnership dissolves. Family courts recognize that you cannot allow one individual to walk away with a fully intact, thriving career while leaving the other with a lifetime of forfeited earning potential.

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June 28, 2026

June 6, 2026

When Good Intentions Backfire

June 6, 2026

Family courts are cynical environments. Judges have seen every trick in the book, and they are highly sensitized to parental alienation. If you cry wolf without evidence, the system will not just ignore you. It may actively punish you to protect the child from what it perceives as your destabilizing behavior.

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June 6, 2026

May 11, 2026

Unequal Distributions

May 11, 2026

North Carolina General Statute 50-20(c) lays out 12 (14 if you include subparts) factors that the court can use when determining if an equal distribution is not equitable. Here is a plain-English breakdown of what the court is actually looking for when determining whether to distribute in a manner that favors one spouse over the other

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May 11, 2026

April 18, 2026

The Hidden Consequences of a 50B Order

April 18, 2026

…the petitioner only needs to show that it is more likely than not that an act of domestic violence occurred. This is a significantly lower threshold, and respondents who are unaware of this distinction are often caught off guard...

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April 18, 2026

March 15, 2026

But my child said…

March 15, 2026

A child’s statements to a parent is given little weight as standalone evidence in court because these statements usually fail basic reliability and evidentiary tests. Most obviously, such statements are classic hearsay — out-of-court assertions offered to prove the truth of the matter asserted — and therefore are inadmissible unless they fall within a recognized exception.

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March 15, 2026

January 16, 2026

Maturity in Custody Cases

January 16, 2026

In the eyes of the court, emotional maturity is often the single most significant indicator of a parent's ability to provide a stable home environment. Family law judges understand that separation brings intense pain, betrayal, and anger but they look for parents who can compartmentalize those feelings.

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January 16, 2026

Your Personal Bank Account is not Your Personal Bank Account

December 14, 2025

Your Personal Bank Account is not Your Personal Bank Account

December 14, 2025

In North Carolina, the division of assets during a divorce is governed by the statute of equitable distribution (N.C. Gen. Stat. § 50-20). While the objective is a fair allocation of assets and debts, a pervasive misconception often obscures the process: the belief that legal ownership (whose name is on the deed, title, or account) dictates whether an asset is marital or separate.

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December 14, 2025

Mailing Address
PO Box 134
Jacksonville, NC 28541

Physical Address
716 Court Street
Jacksonville, NC 28540

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Phone: ‪(910) 375-6384
Fax: (252) 631-0638