Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Continue reading →
In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. Continue reading →
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →
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 →
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 →
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 →
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 →
Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. Continue reading →
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?
Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders would be written simply and clearly, but that is not always the case. Continue reading →
North Carolina Divorce Lawyers Blog