Federal law prohibits someone who has a domestic violence restraining order filed against them from possessing a firearm if that restraining order includes a finding that they present a credible threat to the physical safety of an intimate partner or their child. The case of United States v. Rahimi explored…
Separation agreements in North Carolina are intended to lay out agreed-upon terms for spouses going through a divorce, and they are sometimes seen as a placeholder until a final decree of divorce can be entered. While it is possible to incorporate a separation agreement into a final decree in North…
Property can be classified into various categories in North Carolina divorces, including marital and separate. Equitable distribution will handle these types of property differently. In most situations, separate property is not considered to be part of the marital estate and is not divided between spouses. However, the way spouses use…
In divorce cases involving equitable distribution in North Carolina, courts will sometimes order that one spouse pay a distributive award to the other. These awards are intended to balance out or make equitable the division of property distributed to each spouse. However, a spouse’s ability to pay a distributive award…
Assets like real estate and bank accounts may be the first types of property to come to mind when thinking about equitable distribution in divorce cases, but debts can also be distributed in North Carolina divorces. In the case of Read v. Read, Husband was ordered to pay a percentage…
Ladies and gentlemen, if I may have your attention, Let’s raise a glass to the Woodruff Family Law team, Where we stand together, ready to share, In this journey of life where we take legal care. To the divorce court drama, where we’re on the front line, Helping folks…
Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count…
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…
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…
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…