As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving. Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly…
For many, the holiday season is a time of joy, family gatherings, and shared memories. However, this time of year can also be rife with challenges, especially for those dealing with forms of domestic violence. Studies and advocacy groups report an increase in incidents of domestic violence around the holiday…
In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification…
Bankruptcy can complicate family law proceedings, especially when trying to determine what assets will be distributed. Normally, bankruptcy can be used to shield certain properties from being included in divorce proceedings. However, certain types of assets will not be excluded because of one spouse declaring bankruptcy. If your former partner…
Many clients choose to represent themselves in family law matters, but this can cause procedural missteps and issues. North Carolina courts strictly require that the parties adhere to deadlines for filing motions. Failure to meet these deadlines could result in a court ruling against a party by summary judgment, meaning…
Claims of criminal conversation and alienation of affection are available in cases where one spouse engaged in an extramarital affair. These claims may be brought against the unfaithful spouse’s paramour in North Carolina, and you don’t always need strict evidence of sexual relations. Circumstantial evidence is often sufficient. Chagaris v.…
There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the…
North Carolina has a distinctive legal system for adultery. If your spouse cheats on you during the marriage, you may be able to file a lawsuit against the other man or woman who was involved in the affair. The legal claims are called alienation of affection and criminal conversation. To…
When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during…
When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by…