The trail of emotional destruction that follows the breakup can be immense and long-lasting. Being distressed and angry is completely normal. In fact, as I tell people who end up at my office during a consult, you wouldn’t be normal if you weren’t! Family disputes are painful. Depression is common when people suffer a breakup, […]
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Medical Records in Family Law Cases
In family law cases, a party may seek medical records for several reasons, perhaps to show whether someone is able to work in child support and alimony cases. Another common reason for requesting them is during child custody case to show whether a parent is physically able to care for a child, or whether a […]
Is Your Life an Open Book? Quashing Subpoenas
Subpoenas require witness to appear at the courthouse to testify and/or produce evidence such as “records, books, papers, documents, electronically stored information, or other tangible things.” (NC Subpoena form). Although people sometimes call it squashing, the motion to quash a subpoena has nothing to do with the yellow vegetable with the same name. Instead, it is a […]
The Spirit of the Law: Enforcing Orders in Family Law Cases
When someone willfully disobeys an order, the other party has the right to file a motion asking the court to hold him or her in contempt of court. If the judge decides the person has willfully disobeyed the order, he or she has numerous remedies to correct the problem, up to and including incarceration. When […]
Can’t We Just Pick a Date of Separation and Get Our Divorce?
The short answer is no, you can’t choose a date of separation. In the real world, efficiency and common sense would suggest that you could. But this is not an agreement to apply for “services” from the government. It is a lawsuit, and a judge must use the law. Divorce is a legal status, similar […]
How a Contract Magically Becomes a Court Order: Incorporation
In the world of family law in North Carolina, there are three ways to address agreements: contracts, court orders and incorporation. Contracts Contracts are agreements signed by the parties, such as a separation agreement. If someone violates the contract, it is called breach of contract. A contract is enforced by a “specific performance” lawsuit, asking the court for an […]
Contempt of Court in North Carolina
When someone violates a court order, the other person can file a motion asking the court to hold him or her in contempt. In family law, judges enter orders for child custody and support, alimony and marital property division, among others. Our statutes define the way a judge can require people to obey court orders, […]
Ex Parte Orders: When Will I Have My Day in Court?
The Courts and due process rights in the United States Constitution are built upon the right of each person to a fair trial. Fundamentally, a person who is served with a lawsuit has the right to respond in writing, by testimony and by evidence offered during the trial. Both parties may exercise the right to […]
Order in the Court: The Nuts and Bolts of Court Orders
In the world of family law, orders define rights as between spouses and former spouses, as well as between parents of children. Each state has a unique definition of a court order. This article applies only to family law cases in North Carolina. How Do We Get Court Orders? The first step in obtaining a court […]
Your Case & the Cutting Room Floor: Too Much of a Good Thing?
There are all kinds of family law cases, and each one is unique. Some are straightforward and others are complex. Attorneys highlight the favorable aspects of their clients, and de-emphasize the unfavorable. Trials take on lives of their own regardless of what clients, attorneys or even judges expect. There are a lot of moving parts, especially when cases are […]