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North Carolina Divorce Lawyers Blog

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Simple Divorce? Think Again.

Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right?…

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Child Custody and Trial by Combat

We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise.  Yet, when…

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Court’s Costly Confusion Over Profits and Expenses

Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…

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The School Year During COVID-19 in Guilford County: Remote Learning Technology and Custody

Link to Comments from Superintendent Contreras As we’ve written before, the plan is still to begin the school year on August 17, with complete remote learning. Some parents, especially co-parents who share custody, may have concerns regarding the technology that will be used for the remote learning, such as, what…

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COVID, Confinement, and Divorce

Attorneys in the Piedmont Triad are seeing an increase in calls about separation and divorce. This increase may be a result of families forced to spend more time together or of instability due to one spouse or the other losing their employment from the COVID lockdowns. Families are experiencing more…

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The Most Important Asset in a Marriage

All too often in the divorce process, couples become so focused on dividing marital assets, locating funds, and getting back at the spouse that has wronged them that their focus on the most critical part of their marriage gets overlooked. Children, the one part of the couple’s marriage that should…

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Returning to the Classroom During the Pandemic – Who Decides?

School starts soon, and parents in the Piedmont Triad area are understandably worried about their children’s exposure to COVID-19. Do I send my child back to the classroom, home school them, or opt for online classes? Fears over the lack of social distancing, schools enforcing mask policies of older students,…

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Separation Agreements: The Fiduciary Relationship Between Spouses

Searcy v. Searcy, No. COA11-11 (N.C. Ct. App. 2011) In North Carolina, settlement and distribution of marital property can be addressed in a separation agreement. Such an agreement is essentially a contract between the parties. A unique term, “fiduciary,” is sometimes used to describe a relationship between spouses that can…

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Reunification Therapy

The rules of Jenga are simple. First, you stack the 54 wooden blocks to create a tower; then, you slowly begin removing blocks from the tower and move them to the top of the tower. The player who removes a block from the tower, causing it to topple over, loses…

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Separation Agreements and Duress

Mejia v. Mejia, No.COA19-438 (May 2020). In North Carolina, we typically see two types of agreements in the realm of marriage and divorce. First is the Prenuptial Agreement; the second is the Separation Agreement. Separation agreements often contain provisions that resolve issues of child support, alimony, child custody, and distribution…

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