Premarital (“prenuptial”) agreements can be very helpful in the right circumstances. They can give a person of means the right to direct their existing property to their children, for example, when a divorce might direct it to their spouse. Yet premarital agreements...
A Brighter Future Awaits.
Year: 2021
Is there a roadside test that can show marijuana impairment?
Not yet. There are oral fluid tests that can determine if a person has used marijuana within the last few hours, but those tests are not capable of determining whether the person is actually impaired. However, you should not assume this means you won’t get a DWI if...
Can I get sole custody of my kids if it’s an emergency?
It depends on what you consider an emergency, but yes. If the emergency is that your ex has put or will put the children into a situation where they will be at substantial risk of bodily injury or sexual abuse, or if they plan to take the children out of state to...
Can I get a fault-based divorce in North Carolina?
No. Unlike many other states, North Carolina does not have a fault-based divorce. In the vast majority of cases, you need only decide that your marriage is irretrievably broken and then be physically separated from your spouse for a period of at least one consecutive...
New bills would change the divorce rules, ban ‘heart balm’ suits
A set of bills introduced in the North Carolina House and Senate would make changes to the rules for divorce and eliminate “alienation of affection” and “criminal conversation” lawsuits. If they are passed into law, what would the changes be? What are ‘heart balm’...
Help! My spouse won’t agree to a divorce
It can take a great deal of thought, pain and frustration to come to the conclusion that you want a divorce. Once you have, it almost comes as a surprise, sometimes, when your spouse isn’t immediately on the same page. People come to their own conclusions at different...
6 ways to split the Halloween fun with your ex
This year, Halloween takes place on a Sunday. That could make it extra-special for the kids, with more hours available to dedicate to showing off costumes and preparing spooky surprises. If you don’t specify in your parenting plan who gets the kids for Halloween,...
Do active-duty military service people have to go through divorce?
Eventually, but generally not while they’re on active duty. The Servicemembers Civil Relief Act (SCRA) gives active-duty military service members additional time before they have to respond to civil court cases, including divorce and other family law matters. The...
5 things to consider when dividing valuable collections in divorce
If you own a collection that is considered marital property, you may be wondering if you need to divide its value during your divorce. In general, you probably will have to divide it if it has demonstrable value. The division should be equitable, meaning it may not be...
Are emails, texts and social media posts admissible in court?
Generally, yes. As long as they are relevant and authentic, courts will generally allow digital communications as evidence. That means your Instagram posts could be included in your child custody case. The texts you send your ex could be used to show that you aren’t...
