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Articles Posted in family lawyer

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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…

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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…

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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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).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…

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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…

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No-Fault Divorce in the United Kingdom

Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.   Rachpal and…

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Understanding Alimony

Wayne Hopper, Legal Assistant Williams v. Williams, 261 S.E.2d 849 (1980) Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant…

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Separation Agreements as Contracts

Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished). Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the…

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Kim and Kanye: Custody Battle via Social Media

Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up.  When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children.  Now, it appears the couple is a long way from…

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Child Custody and COVID-19 Vaccines

As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children.  Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought…

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Non-Fungible Tokens: Putting Theory to Practice and Selling Real Estate

It is finally happening. We’ve written previously on how smart contracts, blockchains, and NFTs may culminate into a new-age method of property ownership. It is now time to put the theory to the test. A virtual currency/smart contract/blockchain/NFT startup is planning on being the first to use these new virtual…

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