North Carolina Divorce Lawyers Blog

Articles Tagged with family law specialist

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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 5:  Motions and Rule 5 Notice 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 4:  Answers Continue reading →

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Aviles v. Vulovic, E076743 (filed June 9, 2022).

Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six months after the filing of the petition. In 2007, Wife and Husband began dating. They married in Las Vegas in 2011. Wife later appeared for a child support hearing with her former husband, and the presiding judge informed her that she had not yet been divorced. Wife eventually finalized the divorce in 2012. Wife and Husband had two more wedding ceremonies in 2013, however they never received a marriage certificate from the court. Husband and Wife separated in 2020 and were in court for spousal support. Husband claimed that Wife was barred from seeking support because she was in a bigamous marriage. It was the trial court’s finding that Wife was a putative spouse and awarded her temporary spousal support. Husband appealed. 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 →

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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 2:  The Complaint Continue reading →

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In today’s world of blended families, while a lot of kids have more than two people who love and care for them like parents, everyone knows that all children have two biological parents. As of 2016, however, that is no longer true. That year, a child was born using a process called Mitochondrial Replacement Therapy (MRT). MRT creates embryos with three genetic parents that can then be implanted through in vitro fertilization. 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. Continue reading →

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Wright v. Wright, 222 N.C. App. 309, 730 S.E.2d 218 (2012)

  • Facts: Plaintiff and Defendant married in 2002 and subsequently separated in 2008. Defendant was a professional football player in the NFL. While playing football, Defendant suffered significant injuries, three of which were sustained while he was married to Plaintiff. Defendant retired in 2008 due to those injuries. Defendant began receiving disability payments because of his retirement from the NFL. He also applied for permanent disability. These benefits are paid to former players. The trial court classified these disability benefits as deferred compensation programs and distributed them in equitable distribution. Defendant appealed.

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In re JBD, 2022-NCCOA-353 (unpublished).

In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →

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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.

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