North Carolina Divorce Lawyers Blog

Articles Tagged with family law attorney

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North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding that person in involuntary or sexual servitude. When a person is under the age of 16, it requires the parent’s or legal guardian’s consent before the minor can be restrained, confined, or removed from one place to another. Continue reading →

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Susie Marshall Sharp was born in 1907 in Rocky Mount. Her family relocated to Reidsville, where her father became a lawyer. She attended Reidsville High School, followed by the North Carolina College for Women, now known as UNC-Greensboro, and ultimately entered law school in 1926 at the University of North Carolina in Chapel Hill. Before Justice Sharp’s enrollment, only three women had graduated UNC School of Law since 1911. Continue reading →

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Madar v. Madar, No.COA20-28 (Dec. 2020).

In North Carolina, alimony is a type of spousal support that provides for the maintenance of a dependent spouse, by the supporting spouse. Dependent and supporting are legal terms, with incredible significance. In order to receive alimony, one must be a dependent spouse, the other party must be a supporting spouse, and the alimony must be fair after considering a set of factors in our statutes and case law. Below is a simple case outlining how a court determined dependent/supporting spouse. Continue reading →

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Who was Caitlyn Whitehurst?

Caitlyn Whitehurst was a resident of Pitt County, North Carolina. In May of 2019, Caitlyn’s ex-boyfriend Christopher Garris laid in wait outside Caitlyn’s family property, where he shot and killed her. After killing Caitlyn, Garris turned the gun on himself in a murder-suicide. Continue reading →

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Bradley v. Bradley, No. COA20-48 (unpublished)

 

Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify child custody on July 13, 2017, seeking primary physical custody of their daughter and permission to relocate with their daughter to Alabama to reside with her fiancé.  The trial court entered a judgment on July 19, 2019, awarding Defendant primary physical custody, allowing her to relocate to Alabama. Continue reading →

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Gribble v. Medcat Enters., (No. COA19-1092) (unpublished)

In North Carolina, some issues can be settled with a pre- or post-marital agreement. This is a contract. In such contracts, spouses can agree to certain terms and conditions, as well as insert an Arbitration Clause. There are certain advantages to arbitration, such as time and cost, that make it an attractive alternative to court. Our laws have reflected that trend and enacted the Family Law Arbitration Act. It is a default set of rules governing arbitrations arising from marital separation and divorce. Below is a case that reflects how a court may handle objections over the outcome of arbitration. Continue reading →

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Wall v. Wall, 140 N.C. App. 303 (2000).

Former spouses in North Carolina can split their property in an action for Equitable Distribution (ED). In order for the Court to make a decision on distributing property, it needs an inventory affidavit of all property owned as a product of the marriage. Occasionally, and especially in cases involving high-income parties, the inventory list can be extensive. Many times, there can be arguments regarding values of property. This can lead to some delay between the day of the hearing and the day of entry of a Judgment. Continue reading →

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Dogs are a large part of many families. But what happens with the family pet when you are separating or seeking a divorce?

Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable distribution state where the property of the marriage is to be split equitably among both parties. The court may not always split the property evenly, but it must be split equitably between both parties. Under N.C.G.S. § 50-20, the parties’ property must be classified as separate, divisible, or marital, valued, and divided between them. This classification, valuation, and division applies to family pets. Continue reading →

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Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit your children? Should you enter into any agreement with your former spouse to carry this insurance? The answer to all of these questions is probably no. Continue reading →

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M.E. v. T.J., ___ N.C. App. ___ (2020).

Domestic Violence Protection Orders (DVPO) are under chapter 50B in North Carolina. They are sought by complaining parties when they are the victims of violence. But under this section, in order to seek a DVPO, a complaining party must first claim domestic violence perpetrated by someone with whom the complaining party has or had a personal relationship. However, even with recent amendments, the statute currently did not allow for a same-sex, non-married, couple to seek a DVPO if they did not reside together. Below is what could be a landmark case, declaring that the 50B statute is unconstitutional. Continue reading →