A person’s gender identity is defined as their innate sense of belonging to a particular gender. It specifically differs from the gender assigned at birth, which is based on the presence of external genitalia. Gender identify is something that develops biologically along with the body and mind. Accordingly, a transgender…
Wayne Hopper, Legal Assistant Risen v. Risen, COA19-342 (N.C. Court App. 2020) The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt…
Wayne Hopper, Legal Assistant STEWART v. STEWART, 141 NC App. 236 Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an…
Wayne Hopper, Legal Assistant Graham v. Jones Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be…
Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished). Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their…
Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…
Imagine separating from your husband but never filing for divorce. Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years. This is exactly what happened to a woman living in the United Kingdom. Rachpal and…
Wayne Hopper, Legal Assistant Williams v. Williams, 261 S.E.2d 849 (1980) Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant…
Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished). Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the…
Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up. When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children. Now, it appears the couple is a long way from…