Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the…
In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions. Parties…
North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Nlend v. Nlend In the case of Nlend v. Nlend, a husband and wife had concurrent…
Laws are constantly changing. Federal, state, and local legislation is added, amended, and revoked regularly. Do these changes in the law affect cases that are ongoing? It depends. Bienvenu v. Defendant 1 Changing laws were at the forefront of a recent decision by the Supreme Court of Louisiana. The case…
North Carolina Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but…
It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case. Heijmen v. Heijmen In the case of Heijmen…
Y Michael Yin, JD In Nevada, the Supreme Court recently issued a ruling affirming the public’s constitutional right to access Family Court proceedings, overturning a rule change that had closed some hearings. The Court found that the rule violated the First Amendment right to access court proceedings. In the ruling,…
Dear Carolyn, I have a domestic violence protective order, but the one year expires next month. I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still…
Prior to the beginning of each session of court, a calendar call takes place. Family law attorneys across the Triad are familiar with this process in which hearing dates are selected prior to an upcoming session of court. Though it may seem simple to select a date for your hearing…
Equitable Distribution, in a nutshell, is giving each party to a marriage what they are entitled regarding property acquired during the marriage. As one of the pillars of many divorce proceedings, it is commonly the most complex aspects, requiring extensive research into the lives of individuals going through a divorce. …