Divorce Law Updates

There are two different types of spousal privilege in the North Carolina rules of evidence.  These privileges refer to a spouse’s right to refuse to provide certain evidence.  The two privileges are commonly referred to as spousal testimony and marital communications. The first type of privilege is referred to as spousal testimony.  The spousal testimony privilege only operates to protect the...

In recent North Carolina news, a dog named Huey was brutally killed by one of his owners, a veteran with PTSD and the veteran’s boyfriend, who is currently on active duty in the military, according to The Fayetteville Observer. The couple shot the family dog 10 times, which they filmed each other doing. A friend later posted the video to Facebook, hoping that the two would face criminal...

According to PBS, 2.7 million grandparents are currently raising their grandchildren. Non-parents, such as grandparents, uncles, aunts, siblings, or other relatives, may wish to become a larger part of a child’s life after their parents go through divorce, a parent leaves, dies, goes to prison, becomes abusive, can no longer properly care for the child, or disappears. Grandparents and other...

Child custody can be determined one of two ways.  The first way is through a separation agreement.  This means the parties agree on an arrangement in a signed, written document.  The second option is by a court order.  If the parties cannot come to an agreement, the judge will decide the terms of child custody.  The parties will put on evidence to show the judge who should have custody, when...

Child support is a legally mandated form of financial support issued by the court in North Carolina. This means that when a father or mother fails to pay the support that they owe, there are legal steps to take in order to procure the payments. By working closely with the Child Support Enforcement Office of North Carolina and a trusted family law attorney, you can hold the noncustodial parent...

What is it? Marital misconduct is defined in NCGS 50-16.1A(3).  The statute plainly lists the behavior considered marital misconduct.  It includes cheating on your spouse, excessing spending, and alcohol or drug abuse. When? This misconduct must happen during the marriage.  Any misconduct that happens after the couple separates is not considered marital misconduct.  While misconduct occurring...

Domestic violence is an ongoing problem in North Carolina and throughout the entire country. It is the crime that is least reported to the authorities, and its victims are put in constant fear for their physical and psychological well being. Many fear for their lives, as roughly one quarter of all murders in this country are committed by a family member. A new bill, Senate Bill 600, may raise...