When Can Parents Modify Their Child Custody Orders in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
4d ago
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. North Carolina Law State law establishes that either party to a custody order is allowed to file a motion to modify or vacate the order at any time if they can show a change in circumstances. Further, case law says that the change can have either a positive or negative effect on the child. Once a court determines that a change has occurred, it must then assess whether the change has affected the child. When a substantial chan ..read more
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Can a Premarital Agreement in North Carolina Waive Equitable Distribution?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1w ago
The division of property is one of the most significant factors in many North Carolina divorces. Spouses accumulate substantial assets and debts throughout their marriage, including real estate, retirement accounts, investment portfolios, vehicles, and bank accounts. North Carolina statutes support equitable distribution, meaning that if either spouse requests it a court will determine a fair and equitable division of marital property. Spouses with prenuptial or premarital agreements may believe that this contract prevents an equitable distribution of property in a divorce, but that may not be ..read more
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Can a Cheating Spouse Get Post-Separation Support from the Non-Cheating Spouse?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1w ago
North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes. Post-separation support is not intended to last after a divorce; instead, it is a temporary form of alimony to provide financial support to a dependent or lower-earning spouse. When deciding whether or not to award post-separation support, North Carolina ..read more
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Can I Sue My Spouse’s Paramour for Their Affair in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
2w ago
Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity with someone else’s spouse. These behaviors are against the state’s civil law, and spouses who have been cheated on have the option to sue the other man or woman for their role in the unfaithful spouse’s adultery. It is not simple to prove these civil clai ..read more
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The Psychological Parent Doctrine in North Carolina
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
2w ago
Typically, custody is only granted in North Carolina between two biological parents or if it is determined that a parent is unable to care for the child. The constitutional rights of a biological parent are difficult to overcome, and courts give greater weight to that relationship over others. However, this standard leaves out a large number of households, including same-sex spouses, long-term dating partners, and adoptive parents. In these situations, courts may apply the psychological parent doctrine. A psychological parent is someone who establishes a close relationship with a child through ..read more
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Do Changes in the Law Impact Pending Cases?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
3w ago
Laws are constantly changing. Federal, state, and local legislation is added, amended, and revoked regularly. Do these changes in the law affect cases that are ongoing? It depends. Bienvenu v. Defendant 1 Changing laws were at the forefront of a recent decision by the Supreme Court of Louisiana. The case of Bienvenu v. Defendant 1 involved sexual abuse allegedly committed by a priest in the 1970s. The defendants’ argument against the suit was that the abuse claims fell under the state’s one-year prescriptive period for delictual (tort) actions. In other words, the statute of limitations had ex ..read more
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What is Considered a Deadly Weapon for a DVPO?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1M ago
North Carolina Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but making that determination is not always easy. In general terms, a deadly weapon is any object that could cause death or severe harm. Items like guns, knives, baseball bats, and hammers would fall into this category, but what about other everyday items or household objects? State of Minnesota v ..read more
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Self Defense in Domestic Violence
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1M ago
Y Michael Yin, JD Hunter v. Hunter, 2024-NCCOA-______ (2024). Facts:  In June 2023, a family dispute turned violent between the Plaintiff and the Defendant, his father. The altercation arose over a disagreement regarding the Plaintiff’s daughter attending bible school. During the argument, the Defendant struck the Plaintiff in the neck, causing him to fall to the ground and suffer a concussion. This incident occurred in the presence of the Plaintiff’s fiancé and daughter, who were seated in a nearby car. Following the altercation, the Plaintiff filed a complaint seeking a domestic violenc ..read more
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IVF, In Loco Parentis, Child Support, and How It All Comes Together
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1M ago
Y Michael Yin, JD GREEN V. CARTER, 2024-NCCOA-______ (2024). Facts:  The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due to Michigan law, both participated in selecting the sperm donor and jointly named the child. After their relationship ended, they moved to North Carolina. Legal proceedings ensued, resulting in a joint legal and physical custody arrangement for their child, Alisa. One of the partners later ..read more
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Helping a Private Investigator Serve Your Ex
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1M ago
Y Michael Yin, JD In civil cases, defendants sometimes go to great lengths to avoid being served. The reasons they do this can come down to anything, including just making it difficult for you. Service according to our rules of civil procedure begins with the sheriff or by mailing it USPS certified mail. When those methods are unsuccessful because your ex is avoiding service, we here at Woodruff often get a private investigator to track them down and personally serve them. Here are some tips and pointers for helping the PI in serving your documents: Provide Accurate Information: Offer as much ..read more
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