North Carolina Divorce Lawyers Blog

Articles Posted in Appellate

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Many clients choose to represent themselves in family law matters, but this can cause procedural missteps and issues. North Carolina courts strictly require that the parties adhere to deadlines for filing motions. Failure to meet these deadlines could result in a court ruling against a party by summary judgment, meaning a determination is made by the court before the trial even begins.

But if you are representing yourself and you miss a deadline, can you appeal that summary judgment ruling? Continue reading →

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There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the dismissal of your appeal. Two critical elements of North Carolina’s 30-day timeframe to file a civil appeal are when the clock starts counting down and what notification requirements exist. Continue reading →

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When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during the marriage, but North Carolina courts must consider numerous factors before deciding whether to award spousal support. Continue reading →

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When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by trial courts are appealable if done at the right time.

Once an appeal has been filed and noted, can the court that entered the appealed order issue other orders in the same matter?

Crowell v. Crowell

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When requesting a modification to spousal support, the requesting party must show that there has been a substantial change in circumstances to warrant an adjustment. A spouse paying support may believe that a decrease in their income is sufficient to establish a change in circumstances, but do North Carolina courts agree? Continue reading →

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Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →

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Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are handled slightly differently from other accounts like 401(k)s and IRAs. Continue reading →

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North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other spouse granted permission or if both spouses had affairs, but this is the general rule courts follow when ruling on alimony in North Carolina. Continue reading →

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The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →

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The judicial system relies on a judge’s ability to render an impartial and fair judgment. When that isn’t possible, judges should remove themselves from the case. This is known as recusal. Typically, recusal is based on the Code of Judicial Conduct and scenarios in which the judge may have questionable impartiality. Continue reading →