The language in any contract must be clear and unambiguous, and this standard is true of settlement agreements in divorce proceedings as well. When the terms of an agreement are left open to interpretation, it can lead to issues like contention and litigation. North Carolina Contract Verbiage Requirements Extensive case…
Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the…
In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions. Parties…
North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Nlend v. Nlend In the case of Nlend v. Nlend, a husband and wife had concurrent…
Custody decisions are largely based on the best interests of the children. This may sound like a simple decision-making process, but the variables involved are complex. Courts must consider the child’s physical and mental health, physical safety, and developmental needs. Moral standards are also relevant when deciding custody. It is…
There have been many cases in North Carolina that establish the strength and importance of a parent’s constitutionally protected right to the care and control of their children. Another recent decision in the North Carolina Court of Appeals has further established this right for biological parents, showing that it is…
It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case. Heijmen v. Heijmen In the case of Heijmen…
North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust,…
In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no…
It isn’t uncommon for at least one party in a divorce, child custody, or support matter to be disappointed with the outcome of the case. Some people may think that filing an appeal is an obvious option to have another shot at a more favorable judgment, but that’s not how…