North Carolina Divorce Lawyers Blog

Articles Posted in ClientVille

Published on:

By

Tuel v. Tuel, 840 S.E.2d 917 (2020).

After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Improvement to quality of life is only one of the factors that must be taken into account when making the determination. If custody litigation arises, then the Court must review any factor that has bearing on the best interests of the children. These can be complicated cases (as can be seen below), and the parent seeking custody needs to demonstrate that relocating the children to another state best serves the development and growth of the children. Continue reading →

Published on:

By

With the COVID-19 pandemic forcing more and more families together for extended periods and creating increases in stress in the family setting, it is no surprise that there has been a rise in domestic violence and tension between partners. Continue reading →

Published on:

By

Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

Published on:

By

On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020.  Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic.  With in-person court proceedings grinding to a halt, many divorced and separated parents are finding themselves in uncharted territory in terms of co-parenting.  As a result, many parents have taken matters into their own hands and are beginning to make day-by-day decisions regarding what is best for their children in these situations.

Continue reading →

Published on:

By

Generally, military disability benefits are exempt from distribution in equitable distribution actions. Here we see whether the court can consider these benefits as income to satisfy a distributive award pursuant to an equitable distribution order. (In this case, Plaintiff improperly filed a Rule 60 motion to set aside the judgment, which is outside the scope of this blog.) Continue reading →

Published on:

By

Estes v. Battiston, ___ N.C. App. ___ (2020).

In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have relied on numerous constitutional bases. Below, we discuss one avenue attempted by a defendant to bring his constitutional challenges before a court. Continue reading →

Published on:

By

In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday season. But before parents and children travel to see their relatives, they need to spend few minutes reflecting on their current custody arrangements. Violating a court order or recklessly leaving on a holiday trip can hurt your case or bring you in contempt of court. Continue reading →

Published on:

By

Holiday travel and child custody issues are often sources of contention between parents. Ensure that your custody order allows you to travel out of state with your children before leaving your state. Suppose there is no language to prevent either parent from taking the children out of the state. In that case, either parent is free to travel during their custodial time even when the other parent disagrees with the travel, particularly during the recent rise in COVID-19 cases. Continue reading →

Published on:

By

So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida.  Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of child custody determinations in North Carolina. This procedure is optional but may be of benefit to you and your situation. By registering a child custody order in this state, a parent can send a child to another state without concern that the state will not enforce the order if the parent in this state refuses to return the child.  Continue reading →

Published on:

By

With the 2020 holidays rapidly approaching, newly separated and divorced parents may be experiencing increased stress over when and how to deal with spending the holidays sharing their children.

The first thing to remember is that if you have a child custody order entered by the court, you must follow the court’s orders for holiday visitation. Time often tends to get away from us when we are spending time with our children and families. If your court order says that a custodial exchange shall occur at a specific place or time, ensure that you are mindful of being prompt. Failing to follow the judge’s orders, especially if your relationship with your former partner is contentious can subject you to being in contempt of court and payment of the other parent’s attorney fees.

The only way you may not have to follow a court-ordered schedule is if the child custody order contains language that allows the parents to make mutually agreed-upon schedule changes. The best advice, if the order permits the parties to make changes, is to keep proof of the agreement to deviate from the custody order in writing by either email or text message. Remember that once you agree to the change in the schedule, you should abide by those changes just like the change was in the court order.

Continue reading →