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.

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.

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.

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.

The Doctrine of Necessaries

The Doctrine of Necessaries

With the potential change in health insurance laws it is very important that separated spouses read and understand this post.  If you fail to notify a healthcare provider, in writing, that you and your spouse have separated you could be on the hook for your spouse's medical bills.

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

Post-Separation Support, Alimony, and the Effect of Adultery on Divorce Actions

Post-Separation Support, Alimony, and the Effect of Adultery on Divorce Actions

In North Carolina, Post-Separation Support (PSS) is very similar to Alimony, but they are two separate actions.