North Carolina Divorce Lawyers Blog

Articles Tagged with family law attorney

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Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Continue reading →

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Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject to the same enforcement rules as other contracts. Continue reading →

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Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything.

If the court determines that someone not named in the case is a necessary party, they may be able to join that person to the case and order them to do or not do something. Stepparents are often central figures in their stepchildren’s lives, making cases like child support more complex. Continue reading →

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North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Continue reading →

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Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. Continue reading →

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North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful?

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Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders would be written simply and clearly, but that is not always the case. Continue reading →

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When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble.

For example, there may be serious consequences if one parent refuses to return the child at the end of their visitation. This is a rare situation, though, and it is often the provisions that are considered less important that parents ignore or forget about. Continue reading →

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Meeker v. Meeker, 2024-NCCOA-______ (2024).

Facts:   Husband and Wife married in 1982 and had two children. They separated in 2009 and finalized their divorce in May 2011.

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Salvadore v. Salvadore, 2021-NCCOA-680 (2021 unpublished)

  • Facts: Wife and Husband married in 1989. During their marriage, Husband would frequently change his job. Husband had a peculiar habit every time he changed jobs that required relocation to another state. He would stay in hotels and campgrounds in the new state while Wife would stay at the marital residence at the old state. Husband would also regularly return to the marital residence on weekends. This would continue until the couple bought a new home in the new state. When Husband accepted a new job in New York, he continued this habit. However, before he left, he asked for a separation on April 17, 2017. But true to habit, he stayed in hotels in campgrounds in New York, while returning to the marital residence in North Carolina on weekends. This happened until July 16, 2017—the last night he spent in the marital residence with Wife. As part of his appeal of an equitable distribution order, he argued that the date of separation should have been April 2017, not the July 2017 date.

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