North Carolina Divorce Lawyers BlogOur last blog went over the facts of Shuler v. Donahue, No. COA24-739 (N.C. Ct. App. Nov. 5, 2025) and the decision of the Court. This blog will discuss the ramifications of that decision. Continue reading →
Articles Posted in Appellate
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Can Both Sides Get a Domestic Violence Protective Order in North Carolina? Part 1 of 2
You asked the judge for a domestic violence protective order (DVPO). Shortly after, the other person requested one against you, and the judge granted both.
That can feel even-handed. And North Carolina law allows this type of decision only if the judge makes specific findings first A recent published decision shows what can happen when the judge does not. Continue reading →
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Can You Be Held in Contempt When You Cannot Afford Court Ordered Payments?
It’s hard enough to stay afloat when bills are piling up, much less with a possible jail sentence hanging over your head. When a family court orders payments that you cannot afford, it is natural to wonder what happens next. Continue reading →
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Can an Aunt Get Custody Over a Bio Parent in North Carolina?
It’s hard enough for a child to lose a parent, but to have to wonder where they’ll live next adds uncertainty at a time when they most need stability. When a relative has been taking care of the child and the surviving parent wants custody, families may find themselves facing that question while still grieving. Continue reading →
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Does Getting a Court Order by Mail Give You Extra Time to Comply in North Carolina?
If a judge has ordered you to take action within 30 days of their judgment, yet the order doesn’t reach your mailbox until a few days after the signing, do you get extra time to comply? Continue reading →
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Can a North Carolina Judge Reject Parents’ Agreement on Equal Custody?
It can be such a relief to find common ground with your child’s other parent, especially if you disagree on just about everything else. And if you both tell a judge equal custody is best, you might expect the final order to reflect that agreement. Continue reading →
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Can a Spouse with Substantial Assets Still Receive Alimony in North Carolina?
Can someone with millions of dollars in assets still need nearly $15,000 a month in alimony?
That’s exactly what the North Carolina Court of Appeals upheld in Allport v. Allport over the objections of the husband that his former wife had the wealth and education to support herself. Continue reading →
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What Must Courts Explain When Awarding Alimony in North Carolina?
In many divorces, at some point the conversation shifts from what went wrong during the marriage to what each person can afford after it. Then the court may have to go through paychecks, monthly bills, unpaid support, and legal fees and turn all that into a dollar amount. Continue reading →
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If a Judge Copies Your Statement Into a Protective Order, Will It Hold Up on Appeal? (Part 2 of 2)
The previous blog discussed the facts of Jay v. Jay.
What Did the Courts Decide in Jay v. Jay?
Both the Court of Appeals (in 2025) and the North Carolina Supreme Court (in March 2026) upheld the initial order. Continue reading →
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If a Judge Copies Your Statement Into a Protective Order, Will It Hold Up on Appeal? (Part 1 of 2)
You traveled to court, told the judge your testimony under oath, and walked out with a domestic violence protective order. Then the other side appeals – not by arguing that the abuse you reported never happened, but by claiming that the judge filled out the order incorrectly. Can a technicality like this truly undo your protection? Continue reading →