Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should…
Articles Posted in family law specialist
DVPOs and Personal Jurisdiction
Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective…
Ouléye Ndoye and Senator Raphael Warnock Custody Battle
Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues. Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule. Warnock’s work-related obligations have resulted…
Tips for Holidays with Adopted Children
It’s your first holiday with your adopted child and you’ve done everything to make it perfect, with magazine-worthy tables of food, a home full of beautiful decorations, and lights twinkling just right in the annual family photo – at least until the dog eats the turkey, the cat knocks down…
Custody and the Constitutional Right to Parent
In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. In the United States, a parent has a constitutionally protected…
Attempting to Avoid Child Support Obligations
Cash v. Cash, 2022-NCCOA-706. Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as…
Closing Loopholes in the DVPO Statute
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…
How Court Treats Post Separation Payments, Part 1
Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it…
Checking the Boxes on a DVPO
Plaintiff filed a complaint and motion for domestic violence protective order (DVPO) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened to use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…
Marital v Separate Property in Equitable Distribution
It is not rare in this day and age that a spouse “brings” a home into a marriage. This means that one spouse was the owner of a home before they got married. It also likely means that the spouse bringing the home into the marriage was paying the mortgage.…