North Carolina Divorce Lawyers Blog

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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.

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North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Continue reading →

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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?

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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.

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Y Michael Yin, JD

In Nevada, the Supreme Court recently issued a ruling affirming the public’s constitutional right to access Family Court proceedings, overturning a rule change that had closed some hearings. The Court found that the rule violated the First Amendment right to access court proceedings.

In the ruling, the Court acknowledged the importance of protecting litigants’ privacy in family law matters but emphasized that privacy interests do not automatically override the public’s right to access court proceedings. However, some Justices dissented, arguing that Family Court cases should be treated differently from other civil proceedings and pointing to laws regarding confidentiality in adoption and parental rights termination cases.

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Dear Carolyn,

I have a domestic violence protective order, but the one year expires next month.  I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still angry with me. What do I do for protection when the one year is up?

Carolyn Answers….

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Prior to the beginning of each session of court, a calendar call takes place.  Family law attorneys across the Triad are familiar with this process in which hearing dates are selected prior to an upcoming session of court.  Though it may seem simple to select a date for your hearing and report it to the court, there are several factors that must be taken into account prior to selecting a hearing date. Continue reading →

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Equitable Distribution, in a nutshell, is giving each party to a marriage what they are entitled regarding property acquired during the marriage.  As one of the pillars of many divorce proceedings, it is commonly the most complex aspects, requiring extensive research into the lives of individuals going through a divorce.  In some instances, the parties to a divorce can amicably agree as to how the property acquired during the marriage shall be distributed, and in some instances where parties fail to agree, distribution may be simple due to the nature, amount, and availability of information regarding marital property. In other instances, the parties cannot agree, and the marital assets are numerous, complex, and difficult to find; this situation can create a very tall task for attorneys in properly representing client interests. Continue reading →