PAYIN V. FOY, 2023-NCCOA-______ (2023) A civil lawsuit commences with the filing of a complaint with the court. That is the law in North Carolina. I recall in my first year of law school that my civil procedure professor stressed – and I mean really stressed – the importance of…
JOHNSON V. LAWING, 2023-NCCOA-______ (2023) When a minor child in the middle of a custody case attends therapy, sometimes those treatment records contain relevant and important facts that may aid a court in making a custody determination. However, not every case in which the child attends therapy means that the…
Divorce is undoubtedly one of life’s most jarring experiences, bringing forth a whirlwind of emotions and upheaval. However, amid the changes lies an opportunity to embark on a journey of self-discovery and finding new energy. Rather than succumbing to despair, individuals can choose to view divorce as a catalyst for…
When it comes to Independence Day in the United States, there are a few quintessential images that come to mind: patriotic parades, fireworks lighting up the night sky, families gathering for barbecues. And then there’s the hot dog eating contest, which has somehow become an iconic event that showcases both…
Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at…
North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused…
Equitable distribution of marital assets and debts is important to ensure that both spouses have their fair share of the property acquired during the marriage. It is rare that divorcing couples can approach property division conversations reasonably or impartially, which is why courts step in as objective third parties and…
It isn’t uncommon for at least one party in a divorce, child custody, or support matter to be disappointed with the outcome of the case. Some people may think that filing an appeal is an obvious option to have another shot at a more favorable judgment, but that’s not how…
Divorce and child custody proceedings are often adversarial and challenging processes. With cases that involve high stakes and emotions, courts may decide to appoint a parenting coordinator. What is a Parenting Coordinator? A parenting coordinator is an impartial third party who helps in high-conflict cases[1]. The coordinator has the authority…
If you have an active or pending family law case, you have likely heard many terms that you’re not familiar with. The complexity of North Carolina laws can make family law proceedings difficult to navigate, especially when you aren’t fluent in legalese. If your case has already been through a…