Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Sneed v. Johnston Jason Sneed, Plaintiff,…
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower…
Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if…
Determining how military benefits should be awarded to spouses and former spouses after the death of a servicemember is complex and based on a variety of factors, including the date and manner of the servicemember’s death and which military benefit is in question. In the case of Bannister v. US,…
Let’s be real, breakups are the worst. From your first heartbreak to the ending of your last relationship, it never gets any easier. While there’s many different ways to cope, you just can’t beat listening to a good breakup song. The problem is that many are overplayed and don’t pack…
Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Because each equitable division of property is based on…
North Carolina law allows modification of alimony orders based on changed circumstances of either party, paying or receiving alimony. The same factors used for establishing alimony awards must also be used when determining whether to modify an award. These factors include marital misconduct, the relative earnings and earning capacities of…
Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be…
By Paul K Mengert, II, JD Moving out is not a good first step to divorce. Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision.If…
By Cheri’ Reaves, NCCP After a deep conversation with a close friend, I felt the need to share something urgent. We were talking about children, technology, and how early they’re being introduced to smartphones, tablets, and social media. This isn’t just about screen time—it’s about real dangers lurking behind those…