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…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished).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…
Best v. Staton, (unpublished). Equitable Distribution is one of the mechanisms by which former spouses separate their personal and real property. It requires the right timing and, since not all property can be easily split, the right kind of appraisal. Real property is especially valuable, and sometimes difficult to assess.…
A few years ago, when our state’s leading public university was hit with a public records request regarding a campus sexual assault, the school’s response led to a Constitutional standoff. The United States is a republic where the states have a great deal of autonomy, but what happens when a…