March is Women’s History Month, a time to celebrate the achievements of the countless women who have shaped the course of history. In the legal world, the Supreme Court is the pinnacle of the judiciary, and the six women who have served as Supreme Court Justices have played a major…
For unmarried parents, deciding which parent claims the child on their taxes is a common discussion point around the beginning of each year. Some divorce decrees or custody orders include stipulations for which parent can claim the child, but this is not always the case. If you do not have…
North Carolina domestic violence charges can be filed against someone who has used or tried to use physical force against someone they have or have had a close personal relationship with. Not every relationship is included in General Statute Section 14-32.5, but charges can be filed if the abuser is…
Spouses going through divorce proceedings in North Carolina may eventually have the option to file an appeal of a final order, but appealing a decision is not as easy as filing one or two documents. There are extensive requirements, and while some are relatively simple, like the requirement that the…
Regular employment income is not the only type of income that can be used to determine child support obligations in North Carolina. The state’s child support guidelines allow a variety of financial sources to be considered as income for support purposes, including salaries, wages, commissions, dividends, pensions, trusts, unemployment benefits,…
Self-executing modifications are provisions within a contract or order that amend the terms upon a specified event that may occur in the future. The legality of these provisions varies from state to state; some states have determined that self-executing modifications are typically illegal, and others have yet to make any…
Courts in North Carolina often enter temporary orders on child custody because time is of the essence in such an important issue. These temporary orders must be followed until the court makes a final ruling, but temporary and permanent orders are handled differently in terms of requesting changes. Is returning…
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…