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 →
Wasting a court’s time and resources can lead to hefty fines and other penalties for parties who file bad faith complaints. Attorney fees are often awarded in cases where the court determines the plaintiff or other moving party filed their claim in bad faith. Continue reading →
Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Continue reading →
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower court’s decision. Interlocutory appeals present unique challenges when determining appellate jurisdiction because there are strict rules concerning the types of orders and judgments that can be appealed, such as whether or not the appealed ruling is considered final. Continue reading →
Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Continue reading →
North Carolina Divorce Lawyers Blog