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…
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,…
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…
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…
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…
If you plan to file a child custody action in North Carolina, you will be required to participate in a Custody Mediation Program. Each district in North Carolina has specific operational procedures laid out in their local rules, and the rules for each county can be viewed online at www.NCcourts.gov.…
With many North Carolina families forced to spend more time together as a result of lockdowns or unemployment from COVID-19, some couples are finding they no longer want to be married. Spouses are experiencing fear of being exposed to COVID, fighting over finances, and many other minor issues. If you…
When parties begin the process of divorce, many people feel that that they should include college expenses in a separation agreement. One or both spouses want to ensure that the college expenses for their minor children are covered when the children reach that milestone. But should you agree to cover…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished). Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s…
Routten v. Routten, ______ N.C. _______ (2020). Child Custody can be a hotly contested issue in divorce cases with minor children involved. In certain instances, a court can award sole custody to one parent and even deny visitation to the noncustodial parent. That determination is severe and, by law, must…