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 […]
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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 […]
Forgive and Forget: Condonation in North Carolina
Judges have a good deal of leeway in deciding what to do about marital fault and defenses when they are proven in court. Traditional sex roles are rapidly changing in some ways but not in others, and judges react differently to the behavior that constitutes marital fault. Some think fault is very important, but others […]
Can We Close the Courtroom When I Testify?
Nobody enjoys court, especially when it involves testifying about personal things such as infidelity in an alimony case or allegations of substance abuse in a child custody trial. Do you have the right to ask the judge to clear the courtroom, closing the trial to everyone except the parties to the lawsuit or their witnesses? […]
Why Does Court Take So Long?
It’s no secret that cases take a long time to go through court, especially if you are the person who is asking the court to do something, like order support to be paid. In a nutshell, there are too few judges, a problem that is compounded by the scheduling of judges and attorneys. Our state […]
All About Adultery in North Carolina (Part 2 of 2)
Duty of Third Party to Warn Spouse of STD If a husband or wife passes a sexually transmitted disease (STD) to the other spouse as a result of his or her adultery, the innocent spouse may with a civil suit for financial damages against the man or woman who passed the STD to the husband […]