Marital Property in North Carolina

Too many people are in abusive relationships and marriages, whether it is physical, mental, emotional, or otherwise.  This firm handles a large amount of family law matters, and the amount of abuse I see on a daily basis is staggering.  Often, I find, that one of the main reasons that a spouse will stay in a (more…)

Custody of Grandchildren

Not too long ago a grandmother came to me when she was sued for child custody over her granddaughter.  The father, who had not been in the picture raising the little girl for some time, had decided that he wanted to get back involved in the child’s life many years later.  The granddaughter had not (more…)

NC Case Law : Child Custody and Visitation Rights

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have given the trial court wide discretion in the way these trials are held, and the (more…)

Family Law E-Discovery 2013

This article is part of a North Carolina Continuing Legal Education (CLE) Presentation by Brian W. King and Jade Davis “Privacy is no longer a social norm.” – Mark Zuckerburg I feel that the practice of family law is one of the only areas of practice where the facts are the determiner of outcomes. Unlike other areas of practice, (more…)

Visitation Schedules

Separation from a spouse and ultimately obtaining a divorce can have adverse effects on all parties involved, especially children. When a child’s parents get divorced, decisions must be made about the care of that child.  Ideally, yet infrequently, the parents are able to work out a visitation schedule and child support amounts on their own (more…)

Locating Hidden Assets

This blog post is part of a Continuing Legal Education (CLE) Presentation by Brian King. Divorce is never easy and most often stimulates a world of emotions such as fear, resentment, or anger. Some spouses attempt to cope with these emotions by hiding their assets. A spouse may undervalue items when listing them for equitable distribution purposes. Other (more…)

Can I Stop Paying Child Support?

I pay child support, but my Ex will not let me see the kids – Can I stop paying child support until she lets me visit with my children? Oftentimes, this question comes up in family law custody cases when parties are not communicating well, getting along and therefore decide to use the children as pawns. The (more…)

Divorce versus Separation

I spoke with a person the other day that had questions about family law. He and his wife had recently separated, and his wife had gone to see an attorney. She was asking him questions about property, bank accounts, etc. Amidst all of this, he says to me that it is like “she is going (more…)

Child Name Change in South Carolina

There are many parents in South Carolina who wish to change the last name of their minor children.  Several reasons for desiring a child name change in South Carolina include: an unmarried parent who wants the child’s birth name changed to that of either parent; a divorced parent wanting to change the name of their (more…)

Legal Separation and Separation Agreements

In North Carolina, all that is required to be “legally separated” is to be living physically separate and apart with the intention of not resuming the marital relationship. After being separated for one year, either spouse may file with the Court requesting a divorce. While NC does not require you to file anything to be (more…)