Family Law

Case Law UPDATE: Custody Modification

Case Law UPDATE: Custody Modification

Three North Carolina Appeals Court cases appear to have made the first hurdle to a custody modification, proving a substantial change in circumstances, easier to overcome. All three cases allow past acts to be taken into consideration when finding a substantial change in circumstances. Today we will be exploring each case and giving an overview of the impact all three collectively have on custody modifications.

What is Marital Misconduct?

What is Marital Misconduct?

I previously touched on marital misconduct in my post-separation support and alimony blog here.  The only type of marital misconduct I mentioned though was adultery.  There are, in fact, eight more types of marital misconduct which I go into greater detail below.

Family Law Questions and Answers

Family Law Questions and Answers

Interactions with clients that have family law issues produce issues and questions that frequently arise.  In this installment of our family law blog, we are going to discuss some of the more common questions that I have received over the years regarding family law.  Questions asked by multiple people, independent of each other, are asked for a reason.  That reason is that there is a lot of misinformation out there.  Let's clear some things up.

Who Gets the Dog (or Cat, or Guinea Pig) When you Divorce?

Who Gets the Dog (or Cat, or Guinea Pig) When you Divorce?

Today I'm going to try something different and, hopefully, fun.  I came across a hypothetical a couple weeks ago regarding a couple, two dogs, puppies, and divorce.  Lots of interesting issues that all involve equitable distribution.  After all, pets are property in North Carolina.

5 Part Series-What Should I Know When Separating-Part 5 (Be Cognizant of Evidence)

5 Part Series-What Should I Know When Separating-Part 5 (Be Cognizant of Evidence)

When I say 'be cognizant of evidence' I mean evidence that can work for you against your spouse and evidence that can be used by your spouse against you.  If you are doing something illegal, stop doing it.  If you have a problem, take the necessary steps to correct it and document the steps you've taken to show you've bettered yourself.  If your spouse has a problem with drugs or alcohol, make sure you are able to prove it in court.

5 Part Series-What Should I Know When Separating-Part 4 (Gathering Financial Information)

5 Part Series-What Should I Know When Separating-Part 4 (Gathering Financial Information)

Whether you are anticipating a possible equitable distribution, post-separation support, or alimony action once your separation has commenced, you will need to make sure you have your financial information readily available.  Reason being is that this information is going to be required to be produced by a North Carolina court.  Even if you intend to resolve all issues through a separation agreement, any competent attorney that is representing you and/or your spouse is going to require that both parties exchange financial information.  

5 Part Series-What Should I Know When Separating-Part 3 (Child Custody)

5 Part Series-What Should I Know When Separating-Part 3 (Child Custody)

The information contained herein is going to be most useful prior to the start of the separation process.  Make sure you spend time with your child.  This seems obvious, and a no brainer even when you are not looking at the probability of separating from your spouse, but sometimes people are overworked and do not spend the amount of time necessary to positively affect their child’s life.  Keep in mind that your kid is going to be going through this separation as well and it’s going to be tough on them.  Make it as easy for him/her as you can and start by getting familiar with these guidelines.

5 Part Series-What Should I Know When Separating-Part 2 (Splitting Possessions)

5 Part Series-What Should I Know When Separating-Part 2 (Splitting Possessions)

When parties are separating there are going to be questions as to who takes what and who is entitled to what.  One of the first things that parties should ask is who is entitled to what money in the bank accounts?  That depends on whether or not the money is marital property.