North Carolina Divorce Lawyers Blog

Articles Posted in Appellate

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When spouses in North Carolina divorce, retirement funds and pension benefits are among the many assets that may be divided between the parties. If you were awarded a portion of your ex-spouse’s pension benefits, the question of when you can receive your payments often has a complicated answer. Often a Qualified Domestic Relations Order (QDRO) will be required to divide retirement benefits, and the standards for QDROs are set by a federal law known as ERISA, or the Employee Retirement Income Security Act. Continue reading →

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March is Women’s History Month, a time to celebrate the achievements of the countless women who have shaped the course of history.  In the legal world, the Supreme Court is the pinnacle of the judiciary, and the six women who have served as Supreme Court Justices have played a major part in the Court’s evolution.  As we celebrate Women’s History Month, let’s take a moment to honor their legacies and celebrate their invaluable contributions to the Court. Continue reading →

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Spouses going through divorce proceedings in North Carolina may eventually have the option to file an appeal of a final order, but appealing a decision is not as easy as filing one or two documents. There are extensive requirements, and while some are relatively simple, like the requirement that the appeal be filed within 30 days, others, like the appellate court’s record, require strategic planning. Continue reading →

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Regular employment income is not the only type of income that can be used to determine child support obligations in North Carolina. The state’s child support guidelines allow a variety of financial sources to be considered as income for support purposes, including salaries, wages, commissions, dividends, pensions, trusts, unemployment benefits, gifts, prizes, and self-employment income. Continue reading →

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Self-executing modifications are provisions within a contract or order that amend the terms upon a specified event that may occur in the future. The legality of these provisions varies from state to state; some states have determined that self-executing modifications are typically illegal, and others have yet to make any clear or definitive decisions about the legality of such terms.

The North Carolina Court of Appeals case of Madison v. Gonzalez-Madison involved a self-executing modification in a custody order, and the appellate court’s ruling provided clarification on North Carolina’s laws regarding this issue. Continue reading →

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Courts in North Carolina often enter temporary orders on child custody because time is of the essence in such an important issue. These temporary orders must be followed until the court makes a final ruling, but temporary and permanent orders are handled differently in terms of requesting changes. Is returning to court for a final ruling the only way for an order to become permanent? Continue reading →

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Federal law prohibits someone who has a domestic violence restraining order filed against them from possessing a firearm if that restraining order includes a finding that they present a credible threat to the physical safety of an intimate partner or their child. The case of United States v. Rahimi explored whether such a provision can be enforced without violating an individual’s Second Amendment right. Continue reading →

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Separation agreements in North Carolina are intended to lay out agreed-upon terms for spouses going through a divorce, and they are sometimes seen as a placeholder until a final decree of divorce can be entered. While it is possible to incorporate a separation agreement into a final decree in North Carolina, it is not required, and some agreements are not incorporated. What happens if one spouse or ex-spouse violates the terms of a separation agreement that was not incorporated into the divorce decree? Continue reading →

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Property can be classified into various categories in North Carolina divorces, including marital and separate. Equitable distribution will handle these types of property differently. In most situations, separate property is not considered to be part of the marital estate and is not divided between spouses. However, the way spouses use separate property can affect marital property and equitable distribution, including paying off non-marital debt with marital money. Continue reading →

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In divorce cases involving equitable distribution in North Carolina, courts will sometimes order that one spouse pay a distributive award to the other. These awards are intended to balance out or make equitable the division of property distributed to each spouse. However, a spouse’s ability to pay a distributive award must be considered according to the liquid assets they have on hand. If insufficient liquid assets exist to pay the award, the equitable distribution of property should be reevaluated. Continue reading →