North Carolina Divorce Lawyers Blog

Articles Tagged with family lawyer

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Property ownership is a crucial aspect of real estate transactions, legal matters, and research projects. When it comes to finding deeds and other property-related information in Guilford County, the GIS website (https://gisdv.guilfordcountync.gov/guilford/) is a valuable resource. This blog will guide you through the process of effectively utilizing the website to find the deeds you need. Continue reading →

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The digital age has greatly increased the amount of information we generate and store. Metadata is a set of data that describes and gives information about other data. Metadata holds immense potential in various fields, including family law. Leveraging metadata in family law cases can provide crucial insights and evidence that may influence the outcome of legal proceedings.

Metadata refers to the underlying information about a file or document, such as the date and time it was created, modified, or accessed, as well as details regarding its author or location. In the context of family law cases, metadata can include the participants in electronic communications, times, dates, lengths, social media posts, GPS location data, and other digital footprints left behind by individuals involved in the case. Continue reading →

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Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the process for requesting it is not standardized throughout the state[1]. Some courts and localities have specific rules regarding filing for equitable distribution, so consulting with a Greensboro divorce lawyer will ensure the district requirements are met. Continue reading →

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If you are a victim of domestic violence in North Carolina, you may be able to file for a protective order. Domestic violence protective orders (DVPO; also called 50B orders) are court orders that prohibit an abuser from being near a victim. DVPOs provide a certain level of security if you are fearful that someone you have a close relationship with will try to harm you.

A DVPO can be filed during the divorce process as well, if one spouse harasses or threatens the other. A Greensboro divorce lawyer can help you obtain a domestic violence protective order. Continue reading →

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In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts based on the length of the marriage.

The elimination of permanent alimony has been a contentious issue that sparked emotional clashes and tearful testimonies from both sides. Proponents of the reform, such as the organization Florida Family Fairness, applaud the move, asserting that it provides a clearer framework and safeguards the right to retire for existing alimony payers. They argue that ending permanent alimony is a step forward for Florida families. Continue reading →

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PAYIN V. FOY, 2023-NCCOA-______ (2023)

A civil lawsuit commences with the filing of a complaint with the court. That is the law in North Carolina. I recall in my first year of law school that my civil procedure professor stressed – and I mean really stressed – the importance of Notice and the Opportunity to be Heard. The bedrock of the legal system is upon that notice and that opportunity to be heard. Below is a published case the neatly discusses what happens when just a complaint is filed, and no summons issued. Continue reading →

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JOHNSON V. LAWING, 2023-NCCOA-______ (2023)

When a minor child in the middle of a custody case attends therapy, sometimes those treatment records contain relevant and important facts that may aid a court in making a custody determination. However, not every case in which the child attends therapy means that the therapy records will be considered in making that determination. Below is a case where the mother was denied a modification of custody because she thought that the court had improperly considered her son’s therapy records when they were not admitted as evidence. Continue reading →

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Divorce is undoubtedly one of life’s most jarring experiences, bringing forth a whirlwind of emotions and upheaval. However, amid the changes lies an opportunity to embark on a journey of self-discovery and finding new energy. Rather than succumbing to despair, individuals can choose to view divorce as a catalyst for personal growth, rejuvenation, and the rekindling of passions. Continue reading →

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When it comes to Independence Day in the United States, there are a few quintessential images that come to mind: patriotic parades, fireworks lighting up the night sky, families gathering for barbecues. And then there’s the hot dog eating contest, which has somehow become an iconic event that showcases both the competitive spirit and the love for a uniquely American food. Continue reading →

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Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months[2].

Finding Fault in North Carolina Divorces

North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:

Continue reading →