North Carolina Divorce Lawyers Blog

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Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways:

  • Initial child custody jurisdiction
  • Exclusive, continuing jurisdiction
  • Jurisdiction to modify determination
  • Temporary emergency jurisdiction

Jurisdiction can affect child custody, but support issues are also impacted by jurisdictional decisions. Continue reading →

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Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Continue reading →

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When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with various stipulations, including timeframes. Continue reading →

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Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject to the same enforcement rules as other contracts. Continue reading →

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Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything.

If the court determines that someone not named in the case is a necessary party, they may be able to join that person to the case and order them to do or not do something. Stepparents are often central figures in their stepchildren’s lives, making cases like child support more complex. Continue reading →

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The language in any contract must be clear and unambiguous, and this standard is true of settlement agreements in divorce proceedings as well. When the terms of an agreement are left open to interpretation, it can lead to issues like contention and litigation. Continue reading →

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Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the consequences for missing a deadline only consist of additional paperwork or a request to the judge. However, there are times when failing to meet a deadline can prevent you from having your case heard, which is what happened in the North Carolina Court of Appeals case of Thiagarajan v. Jaganathan. Continue reading →

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In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions.

Parties in child custody cases can use discovery to obtain information relevant to the case, but there are limitations.

Continue reading →