North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful?
The division of property is one of the most significant factors in many North Carolina divorces. Spouses accumulate substantial assets and debts throughout their marriage, including real estate, retirement accounts, investment portfolios, vehicles, and bank accounts. North Carolina statutes support equitable distribution, meaning that if either spouse requests it a court will determine a fair and equitable division of marital property.
Spouses with prenuptial or premarital agreements may believe that this contract prevents an equitable distribution of property in a divorce, but that may not be true. Precise wording is critical because not all agreements meet the requirements to waive equitable distribution.
North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes.
Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity with someone else’s spouse.
Typically, custody is only granted in North Carolina between two biological parents or if it is determined that a parent is unable to care for the child. The constitutional rights of a biological parent are difficult to overcome, and courts give greater weight to that relationship over others. However, this standard leaves out a large number of households, including same-sex spouses, long-term dating partners, and adoptive parents.
In these situations, courts may apply the psychological parent doctrine. A psychological parent is someone who establishes a close relationship with a child through day-to-day interaction and companionship and fulfills the child’s physical, emotional, and psychological needs.
Laws are constantly changing. Federal, state, and local legislation is added, amended, and revoked regularly. Do these changes in the law affect cases that are ongoing? It depends.
North Carolina Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but making that determination is not always easy. In general terms, a deadly weapon is any object that could cause death or severe harm. Items like guns, knives, baseball bats, and hammers would fall into this category, but what about other everyday items or household objects?
Y Michael Yin, JD
Hunter v. Hunter, 2024-NCCOA-______ (2024).
Facts: In June 2023, a family dispute turned violent between the Plaintiff and the Defendant, his father. The altercation arose over a disagreement regarding the Plaintiff’s daughter attending bible school. During the argument, the Defendant struck the Plaintiff in the neck, causing him to fall to the ground and suffer a concussion. This incident occurred in the presence of the Plaintiff’s fiancé and daughter, who were seated in a nearby car.
Following the altercation, the Plaintiff filed a complaint seeking a domestic violence protective order. The court responded promptly by issuing an ex parte domestic violence protective order on the same day.
Y Michael Yin, JD
GREEN V. CARTER, 2024-NCCOA-______ (2024).
Facts: The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due to Michigan law, both participated in selecting the sperm donor and jointly named the child. After their relationship ended, they moved to North Carolina.
It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case.
North Carolina Divorce Lawyers Blog