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Articles Posted in North Carolina Legal Resources

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What is Spousal Privilege?

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”   Marriage brings about different experiences and problems that you might not face on your own, such as raising children, figuring out how to merge your finances, and many others.…

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Friend Acted as Agent, Did Not Destroy Attorney-Client Privilege in NC Divorce Case

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”   The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct…

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Advice About Going To Court In Your North Carolina Divorce Case

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”   Going to court can be a scary thing, even when you haven’t done anything wrong. The formal setting, the judge, the lawyers, all of that can lead…

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Order Granting Relief from Judgment Upheld by North Carolina Court of Appeals

The North Carolina Court of Appeal upheld a trial court which granted wife’s motion for reconsideration. In this case, both the husband and the wife had declared bankruptcy. There was a second mortgage on the former marital home. While both parties identified the second mortgage in their bankruptcy, wife asserted…

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Termination of Parental Rights and Guardianship Goes to NC Court of Appeals

In the matter of A.S.Y, the North Carolina Court of Appeals evaluated whether a Guardian ad Litem for Mother should have been allowed to withdraw immediately prior to the hearing on whether to terminate Mother’s parental rights. The procedural history of this case is such that Mother requested assistance for…

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Modification of Child Custody Decision by the North Carolina Court of Appeals

In the case of Keaton v. Keaton, the North Carolina Court of Appeals reviewed the trial court’s determination that neither party met their burden of proving that there had been a substantial change in circumstances affecting the welbeing of the minor child. The parties separation agreement, which was incorporated into…

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Prenuptial Agreement or “Engagement Agreement”

The North Carolina Court of Appeals recently considered a case where the trial court awarded $40,000.00 for an overly broad subpoena. This case involved a tort action on an “Engagement Agreement” containing a provision where Plaintiff (prospective husband) was obligated to support Defendant (prospective wife) for the rest of their…

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North Carolina Child Support and Gross Monthly Income

The North Carolina Court of Appeals further refined, in a case of first impression, the definition of “gross monthly income” for purposes of calculating North Carolina child support. In this case, the North Carolina Court of Appeals addressed “gross monthly income” for child support calculation purposes. Two components of “gross…

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Charlotte, North Carolina Child Support Attorney – College Expenses

The North Carolina Court of Appeals recently addressed, in an unpublished decision, whether a father’s lack of involvement in college choices relieves him of his responsibility to pay for college for the minor child. Under North Carolina law, the payment of college expenses is not required of parents as part…

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Termination of Parental Rights Hearing Requires GAL to be Present

The North Carolina Court of Appeals recently considered whether the word “represent” requires that a Guardian Ad Litem must actually be present at the hearing on whether the court would terminate the parental rights of the Father. In this case, the termination of parental rights was reversed based on the…

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