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PAYIN V. FOY, 2023-NCCOA-______ (2023)

A civil lawsuit commences with the filing of a complaint with the court. That is the law in North Carolina. I recall in my first year of law school that my civil procedure professor stressed – and I mean really stressed – the importance of Notice and the Opportunity to be Heard. The bedrock of the legal system is upon that notice and that opportunity to be heard. Below is a published case the neatly discusses what happens when just a complaint is filed, and no summons issued. Continue reading →

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JOHNSON V. LAWING, 2023-NCCOA-______ (2023)

When a minor child in the middle of a custody case attends therapy, sometimes those treatment records contain relevant and important facts that may aid a court in making a custody determination. However, not every case in which the child attends therapy means that the therapy records will be considered in making that determination. Below is a case where the mother was denied a modification of custody because she thought that the court had improperly considered her son’s therapy records when they were not admitted as evidence. Continue reading →

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Divorce is undoubtedly one of life’s most jarring experiences, bringing forth a whirlwind of emotions and upheaval. However, amid the changes lies an opportunity to embark on a journey of self-discovery and finding new energy. Rather than succumbing to despair, individuals can choose to view divorce as a catalyst for personal growth, rejuvenation, and the rekindling of passions. Continue reading →

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When it comes to Independence Day in the United States, there are a few quintessential images that come to mind: patriotic parades, fireworks lighting up the night sky, families gathering for barbecues. And then there’s the hot dog eating contest, which has somehow become an iconic event that showcases both the competitive spirit and the love for a uniquely American food. Continue reading →

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Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months[2].

Finding Fault in North Carolina Divorces

North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:

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North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused you to suffer significantly, you may be able to file a lawsuit against them for intentional infliction of emotional distress. Continue reading →

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Equitable distribution of marital assets and debts is important to ensure that both spouses have their fair share of the property acquired during the marriage. It is rare that divorcing couples can approach property division conversations reasonably or impartially, which is why courts step in as objective third parties and distribute the property equitably.

When there are few marital assets or division is expected to be simple, North Carolina has a worksheet that can be used to determine an equitable distribution of assets[1]. This worksheet does not preclude the need for a hearing, but it can make the process of property division simpler once the spouses go before a judge. Continue reading →

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It isn’t uncommon for at least one party in a divorce, child custody, or support matter to be disappointed with the outcome of the case. Some people may think that filing an appeal is an obvious option to have another shot at a more favorable judgment, but that’s not how it works. When you appeal, the appeals judge will examine the decision made by the lower court to look for possible mistakes, omissions, or misapplications of the law. Continue reading →

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Divorce and child custody proceedings are often adversarial and challenging processes. With cases that involve high stakes and emotions, courts may decide to appoint a parenting coordinator.

What is a Parenting Coordinator?

A parenting coordinator is an impartial third party who helps in high-conflict cases[1]. The coordinator has the authority to perform a number of tasks that involve compliance with court orders and dispute resolution. Some common potentially contentious areas that they may assist[2] with include: Continue reading →

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If you have an active or pending family law case, you have likely heard many terms that you’re not familiar with. The complexity of North Carolina laws can make family law proceedings difficult to navigate, especially when you aren’t fluent in legalese. If your case has already been through a preliminary hearing or has temporary order in place, you may have heard the word interlocutory.

Outside of the legal world, this is not a common word, so it’s understandable if you have questions about what it means for your pending case. Continue reading →