North Carolina Divorce Lawyers Blog

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In Re TB, 2022-NCSC-43.

Facts: In January of 2019, Mecklenburg County DSS filed a petition alleging that the minor child in this action was neglected and dependent. They later moved her to foster care. The petition was initiated when police reported a domestic violence incident in the child’s home in early January, in which the father was arrested. When DSS spoke to Father and Mother after the incident, and both admitted to smoking marijuana, Father acknowledged he had mental health needs and that he had been in treatment for domestic violence through NOVA in the past. Mother said that she would have left Father if she had more family support. Father said he was willing to leave the family home. Father then agreed to go to Monarch for mental health assessment, and both parents agreed to submit to random drug screening. Continue reading →

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Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 4:  Answers Continue reading →

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Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 3:  Service (Rule 4) Continue reading →

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Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 2:  The Complaint Continue reading →

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In today’s world of blended families, while a lot of kids have more than two people who love and care for them like parents, everyone knows that all children have two biological parents. As of 2016, however, that is no longer true. That year, a child was born using a process called Mitochondrial Replacement Therapy (MRT). MRT creates embryos with three genetic parents that can then be implanted through in vitro fertilization. Continue reading →

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Huffman v. Huffman, 2022 NCCOA 309 – NC: Court of Appeals 2022

In this day of dating apps, social media, and instant gratification, temptations for the unfaithful are everywhere. But so are ways to cover your tracks: it’s easier to get and delete a text message than intercept a letter, easier to lie about a location when phones are tied to specific places.

This leaves many spouses sure that something is going on, but unable to find definitive proof. Maybe he’s on his phone with a “friend” all the time, maybe he disappears at odd hours, maybe there’s a suspicious dinner for two on a credit card. The NC Court of Appeals has decided that when it comes to proving marital misconduct in court, these suspicious behaviors may be enough.

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Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing. Continue reading →

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Wright v. Wright, 222 N.C. App. 309, 730 S.E.2d 218 (2012)

  • Facts: Plaintiff and Defendant married in 2002 and subsequently separated in 2008. Defendant was a professional football player in the NFL. While playing football, Defendant suffered significant injuries, three of which were sustained while he was married to Plaintiff. Defendant retired in 2008 due to those injuries. Defendant began receiving disability payments because of his retirement from the NFL. He also applied for permanent disability. These benefits are paid to former players. The trial court classified these disability benefits as deferred compensation programs and distributed them in equitable distribution. Defendant appealed.

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Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished).

In North Carolina, domestic violence falls under Chapter 50B of the General Statutes. It serves to protect a party who is or was in a relationship with the perpetrator. Harassment can rise to a level where a domestic violence order of protection is proper. Below is an example of conduct that rises to that level. Continue reading →

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In re JBD, 2022-NCCOA-353 (unpublished).

In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →