Amy Setzer, Legal Assistant April is Couples Appreciation Month and in honor of the occasion we’ll be posting a series of blogs on what to do (or not) when it comes to healthy relationships. If you’re down in the dumps about your recent divorce, don’t fret. While these tips…
Articles Posted in family law
Family Law: Doing It Fast or Doing It Right
Wayne Hopper, Legal Assistant When an issue is winding its way through the court system, you may feel as if time stands still. Family law cases can be especially trying due to the emotions they elicit and the time it takes to see them through to the end. Family law…
Marital Misconduct and Post Separation Support
Wayne Hopper, Legal Assistant Sorey v. Sorey, 757 S.E.2d 518 (2014) Divorce is not something anyone expects when they get married. The end of a marriage can be more difficult when one spouse has engaged in behavior that violates the fundamental tenets of marriage. Such behavior is considered marital misconduct…
Stipulations of Fact and of Settlement
Maddukuri v. Chintanippu, 2022-NCCOA-128 (1 March 2022) Stipulations are often used to expedite portions of a case/trial so that there is no time wasted on them, allowing the court to focus on the issues that are actually in contention. The use of stipulations of fact is pretty common. It removes…
Harassment and Domestic Violence Protective Orders
Walker-Snyder v. Snyder, 2022-NCCOA-97 (2022) In North Carolina, domestic violence is not always caused by a physical act. Under the 50B statutes, actions that meet the definition of stalking can also result in the granting of a domestic violence protective order, even though the court must find that an “act”…
Custody Orders and Contempt: When Kids Refuse to Visit the Other Parent
Wayne Hopper, Legal Assistant Risen v. Risen, COA19-342 (N.C. Court App. 2020) The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt…
Premarital Agreements and the Importance of Clear Terms
Wayne Hopper, Legal Assistant STEWART v. STEWART, 141 NC App. 236 Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an…
When Grandparents Can Seek Visitation
Wayne Hopper, Legal Assistant Graham v. Jones Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be…
Child Custody Cannot Go to a Nonparty
Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished). Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their…
Alienation of Affection, an Expensive Proposition
Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…