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North Carolina Divorce Lawyers Blog

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Annulment Versus Divorce

Three days after your wedding, it happens: You realize you’ve made a HUGE mistake. No worries, though, you can just get an annulment, right? In North Carolina, maybe not! Unless you fall into a few very specific categories, you are going to have to get a divorce instead. What is…

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Child Support and Credit for Overpayment

BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished). Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned…

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Legal versus Physical Custody

Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…

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Child Support and Deviation From Guidelines

WINEBARGER v. STEEN, 2022-NCCOA-739. Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions…

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How Court Treats Post Separation Payments, Part 2

Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should…

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DVPOs and Personal Jurisdiction

Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective…

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Ouléye Ndoye and Senator Raphael Warnock Custody Battle

Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues.  Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule.  Warnock’s work-related obligations have resulted…

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Tips for Holidays with Adopted Children

It’s your first holiday with your adopted child and you’ve done everything to make it perfect, with magazine-worthy tables of food, a home full of beautiful decorations, and lights twinkling just right in the annual family photo – at least until the dog eats the turkey, the cat knocks down…

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Custody and the Constitutional Right to Parent

In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. In the United States, a parent has a constitutionally protected…

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Attempting to Avoid Child Support Obligations

Cash v. Cash, 2022-NCCOA-706. Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as…

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