When it comes to family law matters, service members face unique challenges due to the nature of their duty. The Servicemembers Civil Relief Act (SCRA) plays a crucial role in ensuring that the rights and responsibilities of military parents are protected during legal proceedings related to child custody and support.…
North Carolina Divorce Lawyers Blog
Child Support and Legal Fees
Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished). Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from…
Hearsay Can Be Admitted – Rarely
IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished). Facts: In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen.…
Grandparent Visitation When Widowed
Rose v. Powell, 2023-NCCOA-______ (2023). Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The…
A Forgotten QDRO – Can One Still Be Obtained?
MCMURRAY V. MCMURRAY, 2023-NCCOA-______ (2023) (unpublished) As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified Domestic Relations Order (QDRO) to receive a retirement benefit, but somewhere in the divorce…
The Intricacies of Love and Law in North Carolina: Navigating Alienation of Affection and Criminal Conversation Through Hull v. Brown
In the Tar Heel State, the unique legal doctrines of Alienation of Affection and Criminal Conversation are still very much alive and well. In simple terms, North Carolina lets you sue someone for messing with your marriage. It’s one of the few states that still do. So, if you’re having…
How to Download iPhone Text Messages
Extracting text messages from an iPhone and converting them into a PDF format involves a series of steps. Please note that this process typically requires third-party software, but it has the potential to be extremely useful for your case. Back Up the iPhone (Not necessary but usually recommended) You can…
Accessing Public Records for a Family Law Case
911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own: To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information…
Evidence Eventually Must Support the Conclusions of Law
ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished). Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to…
Our Family Wizard and Other Co-Parenting Apps
Our Family Wizard (OFW) is one of many comprehensive co-parenting communication and organization platforms designed to support families going through divorce or separation. It serves as a centralized hub for parents to manage various aspects of co-parenting, ensuring smoother and more efficient cooperation while prioritizing the best interests of their…