FAMILY LAW ARTICLES
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What Are Factors That a Judge May Consider in Determining Child Custody?
In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement...
Practical Matters
Litigation often spawns more litigation. To determine whether certain issues are worth litigating, you must weigh the price you will pay with your time, emotions, and money, against the anticipated...
Modification of Child Custody
An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed...
Understanding Mediation and How It May Benefit Your Domestic Case
A mediator is a neutral third person who works with parties to help them attempt to resolve their issues in dispute in a mutually satisfactory manner. Mediation is different from...
What Can I Do If My Former Spouse Does Not Comply with Our Separation Agreement?
A valid written separation agreement is a contract. How a separation agreement is enforced depends on whether or not it has been merged into a court order. If a separation...
Why is ADR Encouraged?
Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of...
Is It Considered Abandonment If I Leave My Spouse?
Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an...
Equal or Unequal? Should One Spouse Receive More Than 50% of the Marital Estate?
In actions for equitable distribution, North Carolina law requires that the court distribute the net marital and divisible property equitably between the parties. Equitably, however, does not mean equally. There...
What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?
In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?
Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has...
