North Carolina Divorce Lawyers Blog

Articles Tagged with family law process

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Wake Co. obo Williams v. Wiley, 2022-NCCOA-402.

Facts: Defendant was ordered to pay child support to Plaintiff in an order from Maryland entered in 2007. For enforcement, the order was to be filed in Wake County. At that time, Defendant was over $42,000 in arrears. Plaintiff filed their notice for registration of the Maryland order and later confirmed the registration through a default judgment in 2018. Defendant next filed a motion to set aside the confirmation because she alleged that she was not properly noticed of the hearing. The trial court denied. Defendant also sought to dismiss the confirmation pursuant to a motion filed under Rule 12(b)(2), (4), and (5). These were also denied. Defendant appealed. Continue reading →

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Discovery is the next step of a family law case prior to a hearing. Discovery is the process of asking for and providing evidence between parties prior to a hearing. Discovery looks for all relevant evidence that isn’t privileged, but those words don’t necessarily mean the same thing in the law that they do in regular life.

The Family Law Process – Part 7: Discovery (Rules 26-37)

Sometimes in a family law case, all efforts to negotiate or mediate fail and a hearing is necessary. In order to make your case to the judge, you will need proof of your claims. But what is your recourse if the other party has all of the information? How can you prove that your spouse makes more than you, for instance, without access to their paystubs or bank statements? Or the value of their car if you don’t know how much is still owed on it? Luckily, the court provides a way to get that information: Discovery.

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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 4:  Answers Continue reading →

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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 →