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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 in the legal world, and it can take different forms, such as sexual affairs, reckless spending, abandonment, or excessive substance abuse. Misconduct can lead to separation or the end of a marriage. North Carolina law addresses marital misconduct as a cause of separation or divorce and how it may be considered in claims for post-separation or alimony. Continue reading →

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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 the inconvenience of having to show evidence of facts that no one contests. Stipulations can also be used for settlement. These allow for the concession between parties of some rights in return for others. Below is a case where the Court dealt with the potential withdrawal of a stipulation. Continue reading →

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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” of domestic violence has occurred. Below is such a case, where it was not a physical altercation but rather words that resulted in a trial on domestic violence. Continue reading →

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Helpful Information on How to Update Gender Identity on Government-Issued IDs
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A person’s gender identity is defined as their innate sense of belonging to a particular gender. It specifically differs from the gender assigned at birth, which is based on the presence of external genitalia. Gender identify is something that develops biologically along with the body and mind. Accordingly, a transgender person is someone whose gender identity does not match their gender assigned at birth. Such misalignment can result in gender dysphoria, a medical diagnostic term for a condition in which someone experiences clinically significant distress persisting for at least six months.

The treatment for gender dysphoria is not limited to pharmaceutical or surgical procedures. Rather, one of the first steps is to transition socially. This can mean using the pronouns that the transgender person identifies with. A large step forward in treatment is when one’s gender identity is acknowledged by others, including the government by way of allowing updates to government issued identification.

Four Options to Change Gender on a NC Driver’s License

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Wayne Hopper, Legal Assistant

            As the conflict in Ukraine enters its fourth week, it has become clear that determined Ukrainian resistance has slowed the Russian advance. The initial Russian “shock and awe” campaign was a failure, and as a result Putin has been forced to regroup and reassess. Reports indicate that Ukrainian resistance has forced Russia to switch tactics. While supporting President Bashar al Asad’s regime in the Syrian Civil War, Russian forces developed a brutal and effective approach to warfare. As Russian forces approach the outskirts of major Ukrainian cities, they apply the tactics found to be so successful in Syria: Surround, Besiege, and Destroy. These tactics have resulted in an ever-growing civilian death toll, unspeakable human suffering, and outcry from the international community. Continue reading →

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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 and civil contempt. Criminal contempt is used when a party violates a court order (or otherwise showing disrespect for the court) and to deter future acts of contempt. Civil contempt is intended to provide a remedy for an injured party or to force compliance with an existing court order. But does contempt have limits? In North Carolina a trial court judge threatened two minor children with civil contempt during a custody dispute between their parents. Continue reading →

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Wayne Hopper, Legal Assistant

            The hard work and sacrifices of American men and women in uniform are undeniable. Over the past 20 years, the wars in Afghanistan and Iraq have taken an immeasurable toll on those who served. About 1% of Americans shouldered the load for the entire nation during those conflicts. We owe them our immense gratitude. But there is an often-overlooked group who also served selflessly in these conflicts. National K-9 Veterans Day, March 13, is a day set aside to commemorate the service and sacrifices of America’s military and working dogs. Continue reading →

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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 interest in a professional practice can be considered a marital asset subject to Equitable Distribution. While a premarital agreement is worth considering for a party bringing assets into a marriage, the language contained therein is just as important. Your spouse may challenge a premarital agreement without clear and suitable terms. Let’s look at one such case.    Continue reading →

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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 best to seek custody or visitation? What are the potential benefits and drawbacks of each? Which is likely to be more successful? North Carolina case law can answer those questions. Decisions made by N.C. courts establish legal precedents which help guide courts in making decisions on similar issues today. For grandparents seeking custody or visitation due to the death of their own child (a biological parent of the child in question) and parental fitness of the surviving parent, the case of Graham v. Jones may provide some guidance. Continue reading →

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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 order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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