North Carolina Divorce Lawyers Blog

Articles Tagged with family law attorney

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Montague v. Montague, 767 S.E.2d 71 (N.C. App. 2014)

Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a small business? Businesses are subject to ED, and valuation of a business can be very complex. In the case below, we encounter one issue where a family law specialist with experience in Equitable Distribution can be valuable. Continue reading →

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We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our home state at Bank of America Stadium. He broke countless NFL records for passing and rushing yards by a rookie quarterback in his rookie year.  More recently, Newton has made the news for a reason other than football.  Newton is currently involved in a child support battle with his ex, Kia Proctor. Continue reading →

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You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions and seeking what seems like an endless list of documents. You hired this attorney to represent you; why are they putting so much work on you and asking for all this information? Continue reading →

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In the past, married couples had to show that their spouse committed marital misconduct to get a divorce. In a no-fault state like North Carolina, neither party must show any reason for the request for divorce nor show that the other spouse was at fault.

N.C General Statute § 50-6 states that a marriage may be terminated upon application by either party after the parties have lived separate and apart for one year, and either party has been a
North Carolina resident for at least six months preceding the action for divorce. Continue reading →

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Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right? Think again. The grounds for divorce under North Carolina statutes are: (1) that the parties must have lived separately and apart for one year with no intention of resuming the marital relationship; and (2) that one party or the other has resided in North Carolina for six months prior to the filing of the action. While these two grounds are not difficult to meet, a lot can happen in the year the parties are living separately and apart and, as a result, the entire trajectory of the action can change. Continue reading →

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We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise.  Yet, when a Kansas man challenged his Iowa ex-wife to a trial by sword fight to settle their child custody dispute, it appeared that there may indeed be something new under the sun.

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Devine v. Devine, (No. COA19-913) (unpublished)

Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses of the parties going through divorce. In the case below, we discuss how one court, which presumably lacked business experience, incorrectly calculated a party’s income. Continue reading →

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Link to Comments from Superintendent Contreras

As we’ve written before, the plan is still to begin the school year on August 17, with complete remote learning. Some parents, especially co-parents who share custody, may have concerns regarding the technology that will be used for the remote learning, such as, what if I don’t have internet at home? Or what if I don’t have devices? Or what if I have devices/internet, but my co-parent does not. On August 11, 2020, the Guilford County School Superintendent Sharon Contreras gave comments regarding the reopening procedures for schools, including some news on technological issues. Continue reading →

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Attorneys in the Piedmont Triad are seeing an increase in calls about separation and divorce. This increase may be a result of families forced to spend more time together or of instability due to one spouse or the other losing their employment from the COVID lockdowns. Continue reading →

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All too often in the divorce process, couples become so focused on dividing marital assets, locating funds, and getting back at the spouse that has wronged them that their focus on the most critical part of their marriage gets overlooked. Children, the one part of the couple’s marriage that should be the central focus, get lost. Most people have heard that children are resilient, they bounce back quickly, and they adapt to change well. While all of those can be true, nothing in the equation of divorce is the fault of a child, and parents should remember that children have feelings too. Continue reading →