Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1] Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a…
Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay…
Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Custody Orders are Legally Binding…
In a move aimed at simplifying and expediting the divorce process, Maryland is implementing a no-fault divorce law, set to take effect soon. The state’s General Assembly passed this significant measure on April 7, and it was signed into law by Governor Wes Moore on May 16. This new legislation…
Discovering that your spouse is having an affair is a devastating blow. You might even consider taking legal action, especially if you’re residing in North Carolina, which still recognizes claims for alienation of affection and criminal conversation. But how can you navigate these emotionally charged waters legally? A recent North…
A Judge in New York imposed sanctions on two attorneys and their law firm for submitting a legal brief containing six fictitious case citations generated by an artificial intelligence (AI) chatbot called ChatGPT. The judge, P. Kevin Castel, found that the lawyers acted in bad faith, consciously avoiding the truth…
Equitable distribution cases involving high-net-worth parties and spouses with significant assets require careful consideration to classify, valuate, and distribute property. Each piece of property must be classified as marital, separate, or divisible as a first step in equitable distribution. Determining which category each asset belongs to can be a lengthy…
Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the…
Clute v. Gosney, 2023-NCCOA-______ (2023). Facts: In 1994, a couple got married and had two children. In 2006, they separated due to irreconcilable differences. On April 5, 2006, they entered into a separation agreement to settle their marital and property rights. The agreement included provisions for child support, the right…
Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished) Facts: Parents were never married but had one child together. The child custody order contained a provision wherein romantic guests could not stay overnight with the parent with whom custody is scheduled. Overnight was defined as any time after 8:00pm. However, the provision also…