Dear Carolyn,
I have a family member who is separated. Before the separation, this person purchased a house with the deed only in her name and the deed of trust in both names. How will the courts view this property for equitable distribution? My family member thinks that since the property is only in her name that the other party has no rights under equitable distribution. Can you explain the difference between Deed and Deed of Trust?
Thanks Continue reading →
Dear Carolyn,
My wife and I have been married 20 years. Our child is graduating from high school this year, and we are miserable. We own a home with lots of debt and we cannot afford to separate without selling our home first. We both work, but there simply is not enough money to maintain two households without first selling the house. Is there any way we can declare ourselves separated and maintain the same household until the house sells? Why is the North Carolina waiting period for divorce a year? I hear that one year is a long time as compared to other states. Can we settle our property now? We have retirement, cars and furniture, along with the house?
Dear Carolyn,
The ex-wife of my new husband is constantly calling my cell phone, following me in my car, and making faces at me at the children’s soccer game. I get texts from her calling me names. She even threatened to come to my work. I feel intimidated. Can I get a 50B for domestic violence and harassment?
When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody. Continue reading →
In a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become more complex when one of the parties seeking custody of a child is not a biological parent of that child. Continue reading →
As contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will examine how a parent’s rights are affected when there is an allegation of “unfitness.” Continue reading →
If you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children. This multi-part series will examine who can have standing to apply for custody of the minor children under North Carolina law, and the analysis the Court must follow. In part one of our series, we will examine the Constitutional Rights of the biological parents, which is the bedrock for all subsequent analysis by the Court. Continue reading →
Winston Salem, North Carolina: Malecek v. Williams (2017)
Derek Williams is a Forsyth County doctor who had an affair apparently, or at least allegedly, with his nurse. Playing doctor-nurse games got them in trouble with the nurse’s husband, Marc Malecek. The nurse’s then-husband Marc sued Derek for alienation of affection and criminal conversation. Continue reading →
Dear Carolyn,
I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in the morning with the child apparently inside. I do think the seven-year-old has a cell phone. I don’t like this situation for the seven-year-old who just finished first grade. Is there anything I can do?
~ Danger Lurking Next Door Continue reading →
Dear Carolyn,
I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We worked hard and saved all of our lives, and now we have time and enough money for trips to the beach, mountains, even Disney World, and would love to take our grandchildren, but we aren’t even allowed to take them out for ice cream. As grandparents do we have any rights? Continue reading →
North Carolina Divorce Lawyers Blog