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 3: Service (Rule 4) Continue reading →
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 →
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Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished).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 →
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.
Parenting LGBTQIA+ kids can be difficult; trying to protect your child from bullies and bigots is enough to give any parent a sleepless night. Supporting your child, especially if you aren’t familiar with the LBTQ community, can mean working hard to expand both your and your child’s horizons as you help find resources and mentors. Depending on the environment you were raised in, you may also be working to unlearn years and years of your own biases, both conscious and unconscious. It can all be incredibly overwhelming. It may seem like the added stress of a custody battle is the last thing you or your child needs, but if your child’s other parent is unsupportive of your child’s sexual orientation, gender identity, or gender expression, using the law may be your only recourse to protect your child’s wellbeing. Continue reading →
Every parent involved in a custody battle harbors at least some fear that they may lose custody of their child, no matter how unlikely it is. This fear is even greater for LGBTQIA+ parents, and understandably so. While acceptance for LGBTQIA+ individuals may be increasing, particularly since Obergefell v. Hodges, stigmas against LGBTQIA+ people can still influence custody decisions in North Carolina. If you are an LGBTQIA+ parent facing a custody hearing, it is important to engage an experienced family law attorney to help prevent those stigmas from keeping you away from your child. Continue reading →
June is Men’s Health Month, and after a messy separation you may imagine that health is not a priority. To help raise awareness of the topic, here are a few tips to get the mind and body back on the right track. After all, it can take a lot of energy to withstand the ups and downs of a contentious divorce case. Continue reading →
North Carolina Divorce Lawyers Blog