We will discuss how the North Carolina Court of Appeals resolved important issues concerning Domestic Violence Protective Orders (DVPOs) in a 2025 case, Williams v. Cabrera, No. COA23-826 (N.C. Ct. App. Apr. 16, 2025). Continue reading →
When you hear of someone committing an act of domestic violence, what do you imagine? A physical confrontation? A threat? While that is often the reality, it might not always be the full picture. Continue reading →
We will discuss the North Carolina Court of Appeals case Fitzgerald v. Fortner (2024) and explain the key issues of juvenile court jurisdiction, child custody transfer, and standing in custody disputes. You will see why the court vacated a Chapter 50 custody order and what the statutory requirements under North Carolina family law are. Continue reading →
People usually think that if you paid for something, you own it. You own the groceries if you buy them, and you own the house if you pay the mortgage. This is a good way to think about money in your daily life. But does that logic work in a divorce? Well, not entirely. North Carolina courts don’t just give property to the person who spent the most money in the relationship. Continue reading →
Domestic violence is a serious matter, and protective orders are a critical legal instrument for safeguarding the most fundamental rights of individuals. While protective orders are common, issuing them still requires following a procedure that must meet strict legal standards if the order is to stand on appeal. Continue reading →
We will discuss the Fairley v. Matelski (2024) case and see why the North Carolina Court of Appeals upheld a custody decision, acting in the child’s best interest.
You will see how nuanced custody decisions can be, why it is imperative to pay special attention to every fact in family law cases involving child custody, and how even the smallest details can make a big difference. Continue reading →
A North Carolina Court of Appeals decision in the Face v. Face (2024) case addressed many key points in separation court proceedings, including equitable distribution and alimony, as well as procedural issues such as subject-matter jurisdiction and correction of clerical errors in domestic law. Continue reading →
Nobody gets married thinking they will one day be sitting in a courtroom, arguing over who is better fit to take care of the kids. However, in cases where relationships fail, family courts focus primarily on determining which parent can truly give their children a secure and stable home. Continue reading →
The 2024 Sunshine v. Sunshine decision of the North Carolina Court of Appeals clarified how courts should handle income imputation in divorce cases. Continue reading →
There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →
North Carolina Divorce Lawyers Blog