Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.
Part 2: The Complaint Continue reading →
In today’s world of blended families, while a lot of kids have more than two people who love and care for them like parents, everyone knows that all children have two biological parents. As of 2016, however, that is no longer true. That year, a child was born using a process called Mitochondrial Replacement Therapy (MRT). MRT creates embryos with three genetic parents that can then be implanted through in vitro fertilization. Continue reading →
Huffman v. Huffman, 2022 NCCOA 309 – NC: Court of Appeals 2022
In this day of dating apps, social media, and instant gratification, temptations for the unfaithful are everywhere. But so are ways to cover your tracks: it’s easier to get and delete a text message than intercept a letter, easier to lie about a location when phones are tied to specific places.
This leaves many spouses sure that something is going on, but unable to find definitive proof. Maybe he’s on his phone with a “friend” all the time, maybe he disappears at odd hours, maybe there’s a suspicious dinner for two on a credit card. The NC Court of Appeals has decided that when it comes to proving marital misconduct in court, these suspicious behaviors may be enough.
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing. Continue reading →
Wright v. Wright, 222 N.C. App. 309, 730 S.E.2d 218 (2012)
Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished).
In North Carolina, domestic violence falls under Chapter 50B of the General Statutes. It serves to protect a party who is or was in a relationship with the perpetrator. Harassment can rise to a level where a domestic violence order of protection is proper. Below is an example of conduct that rises to that level. Continue reading →
In re JBD, 2022-NCCOA-353 (unpublished).
In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →
Blue v. Bhiro, 2022-NCSC-45 (2022)
In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are a few preliminary hurdles a complaint may cross before a trial court will hear the matter. Two such hurdles are a motion to dismiss for failure to state a claim upon which relief can be granted (colloquially called a 12(b)(6) motion), and a motion for summary judgment. Both will dispose of the complaint, albeit for different reasons. Interestingly, because of the effect, sometimes a 12(b)(6) motion can be converted into a motion for summary judgment. Below is a case about one such conversion, or lack of conversion. Continue reading →
Kurt Busch is a professional racecar driver who recently had a big win at the Kansas Speedway with the 23XI Racing team he joined this season. Days after his win, news broke that Busch’s wife, Ashley, had filed for divorce in Florida. The couple were married in January 2017 on the island of St. Barts and have been married for five years.
Oops, she did it again. It’s official: Sam Asghari and Britney Spears are husband and wife. The two began dating after meeting on the set of Britney’s “Slumber Party” video in 2016. On September 12, 2021, the couple revealed their engagement to the world. Just two months later, Britney was released from her conservatorship after nearly 14 years. On April 11, 2022, Britney announced she and Sam were expecting their first child together. A month later the couple announced her miscarriage. The couple experienced ups and downs before their big day, so it is no surprise that drama ensued on the actual wedding day.
North Carolina Divorce Lawyers Blog