The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or…
There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age,…
Wasting a court’s time and resources can lead to hefty fines and other penalties for parties who file bad faith complaints. Attorney fees are often awarded in cases where the court determines the plaintiff or other moving party filed their claim in bad faith. In the case of Beatty v.…
Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Sneed v. Johnston Jason Sneed, Plaintiff,…
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower…
Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if…
North Carolina law allows modification of alimony orders based on changed circumstances of either party, paying or receiving alimony. The same factors used for establishing alimony awards must also be used when determining whether to modify an award. These factors include marital misconduct, the relative earnings and earning capacities of…
All court cases must follow certain rules and processes that dictate how they progress through the system and reach a resolution. Divorce cases must adhere to civil procedure, which includes strict rules regarding elements like pleadings, discovery, hearings, and evidence. Failure to meet any of the requirements of civil procedure…
Retirement funds can be distributed between spouses as part of property distribution during divorce, and this includes naming one ex-spouse the beneficiary of the other’s survivor pension benefits. In some cases, this process is fairly straightforward; the beneficiary receives the survivor benefits upon the death of the pension plan participant.…
By Paul K Mengert, II, JD Moving out is not a good first step to divorce. Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision.If…