North Carolina Divorce

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.

What do I Need to Know About Child Custody in North Carolina?

What do I Need to Know About Child Custody in North Carolina?

North Carolina General Statute section 50-13.1 establishes actions for custody in North Carolina.  There are a number of ways that custody can be agreed upon by the parties.  I talk further about that here.

Can I Take My Child Out of the State During a Custody Dispute?

Can I Take My Child Out of the State During a Custody Dispute?

Typically, during the outset of a separation, a party may consider moving to a new state and want to take his/her child with them to start a new life.  That may well be a very bad idea depending on the circumstances.  This blog post discusses the UCCJEA, which stands for the Uniform Child Custody Jurisdiction Enforcement Act.

CASE LAW UPDATE: Equitable Distribution

CASE LAW UPDATE: Equitable Distribution

A NC Court of Appeals case, Lesh v. Lesh, NC App. (Jan 18), has reaffirmed that military disability pay is income that can be considered for a distributive award when the trial court is looking for a source of payment.  However, military pay cannot be distributed by a court in equitable distribution.

What is a North Carolina Annulment?

What is a North Carolina Annulment?

When most people think of annulling a marriage they immediately think a Vegas wedding and obtaining the annulment within a certain period of time after the marriage.  In actuality, an annulment in North Carolina is much different.

CASE LAW UPDATE: Alienation of Affection & Criminal Conversation (Heart Balm Actions)

CASE LAW UPDATE:  Alienation of Affection & Criminal Conversation (Heart Balm Actions)

Case Law Update on "Heart Balm" actions Alienation of Affection and Criminal Conversation

Contempt

Contempt

Now there is a phrase that pretty much sums up most separations and divorces.  Did you know that within family law, and any area of law for that matter, that contempt plays an important, but sometimes confusing role?  Let's chat about contempt as it applies to the law and we'll leave the Oxford English Dictionary definition alone.

The Importance of Service

The Importance of Service

There are many forms of service in the legal industry.  There is service to your clients, service to your community (legal, local, state, etc.) and many others, but today I want to focus on the two types of service that pertain to lawsuits.  Those would be service of process and military service as it relates to the servicemember's civil relief act affidavit.