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North Carolina Divorce Lawyers Blog

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Harassment and Domestic Violence Protective Orders

Walker-Snyder v. Snyder, 2022-NCCOA-97 (2022) In North Carolina, domestic violence is not always caused by a physical act. Under the 50B statutes, actions that meet the definition of stalking can also result in the granting of a domestic violence protective order, even though the court must find that an “act”…

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Gender Identity and Government IDs

Helpful Information on How to Update Gender Identity on Government-Issued IDs

A person’s gender identity is defined as their innate sense of belonging to a particular gender. It specifically differs from the gender assigned at birth, which is based on the presence of external genitalia. Gender identify is something that develops biologically along with the body and mind. Accordingly, a transgender…

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The War in Ukraine and the Law of Armed Conflict

Wayne Hopper, Legal Assistant             As the conflict in Ukraine enters its fourth week, it has become clear that determined Ukrainian resistance has slowed the Russian advance. The initial Russian “shock and awe” campaign was a failure, and as a result Putin has been forced to regroup and reassess. Reports…

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Custody Orders and Contempt: When Kids Refuse to Visit the Other Parent

Wayne Hopper, Legal Assistant Risen v. Risen, COA19-342 (N.C. Court App. 2020) The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt…

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National K-9 Veterans Day is March 13

Wayne Hopper, Legal Assistant             The hard work and sacrifices of American men and women in uniform are undeniable. Over the past 20 years, the wars in Afghanistan and Iraq have taken an immeasurable toll on those who served. About 1% of Americans shouldered the load for the entire nation…

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Premarital Agreements and the Importance of Clear Terms

Wayne Hopper, Legal Assistant STEWART v. STEWART, 141 NC App. 236 Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an…

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When Grandparents Can Seek Visitation

Wayne Hopper, Legal Assistant Graham v. Jones Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be…

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Child Custody Cannot Go to a Nonparty

Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished). Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their…

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Alienation of Affection, an Expensive Proposition

Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…

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No-Fault Divorce in the United Kingdom

Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.   Rachpal and…

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