Family Law
Under current North Carolina law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient reason to believe that the child is at risk of bodily injury or sexual abuse, or there is substantial risk that the child may be removed from the state of North Carolina to evade the jurisdiction of the North Carolina courts. Under North Carolina law,…
There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody of their child or a spouse whom they still love, it is not surprising that they may embellish or outright lie to try to bolster their case, conceal evidence that may be damaging to their case, or make false allegations to try to hurt or…
Almost all couples have household furniture and other furnishings that they divide when they separate. Household furnishings that are marital property are subject to valuation and distribution like any other marital asset. In valuing household furnishings for purposes of division, North Carolina state laws require the court to use the fair market value of the item as of the date of separation, not the replacement value. “Fair market value” is considered the amount an item…
Social networking websites, such as Facebook, Twitter, MySpace, and LinkedIn, provide a unique forum for us to connect and share information with others. As the use of such social media has gained in popularity, lawyers, opposing parties, and investigators have learned that these websites provide a trove of personal and professional information that can be used as evidence, or facilitate further investigation and discovery, in legal proceedings. The following tips can help you avoid some…
When parties separate, it is not unusual for their separation to be preceded by a heated argument or domestic violence. High drama often sets the stage for a separation to occur with little, if any, opportunity for advance planning. When a spouse hastily vacates the marital home, that spouse may no longer have access to the home where property is located and important financial records may be maintained. If your marriage is on the rocks…
