June 20 2022
How to calculate alimony
For many of us, the North Carolina and South Carolina alimony statutes create more confusion than guidance. These statutes places a high degree of discretion on the Court when making an award of alimony or spousal support.
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June 14 2022
Help! I spent 15 hours in a Divorce Mediation and settled my case, but now my spouse tells me he is
Family Law mediations generally start at around 9 or 9:30 AM and go until there is an impasse or settlement. I have been in mediations that have lasted between 12 and 15 hours.
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June 09 2022
What goes on in a Family Law Mediation?
Mediation in domestic relations cases is an adversarial process that leverages settlements of complicated financial and child custody issue. I say "leverage" because after a mediation both parties generally feel as if they had no option but to agree to a settlement that was not entirely to their liking.
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June 07 2022
What is required for a successful family law mediation?
Family law disputes are some of the most legally complicated and emotionally fraught cases in our judicial system. These kind of cases are not for the faint of heart and, sooner or later, both parties, their lawyers and perhaps a related professional or two, will end up in a mediation process.
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June 05 2022
Does the South Carolina Constitution Protect a Woman's Right to an Abortion?
Roe v Wade was not an abortion decision, it was a decision that recognized that the United States Constitution provides an unenumerated right of privacy to United States citizens.
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May 18 2022
Can a sperm donor claim parental rights if the recipient/donee and her spouse divorce?
This question was recently addressed by an unpublished NC Appellate Court opinion filed on May 17, 2022 in McLane v Goodwin-McLane and Peackock.
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May 16 2022
Fixed Fees In Family Law Disputes
The growth of tort litigation that began during the middle of the last century caused the insurance companies consolidate their legal work with individual law firms to defend all claims. In response, law firms created a business model capable of handling the defense of a large volume of tort litigation. A critical financial component of this new, large insurance defense law firm was the billable hour fee arrangement.
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April 19 2022
Dealing with a narcissist in divorce
The New Oxford American Dictionary defines narcissism as : Excessive or erotic interest in oneself and one's physical appearance. Extreme selfishness, with a grandiose view of one's own talents and a craving for admiration, as characterizing a personality type.
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April 07 2022
NC Family Court reversed after awarding Wife 80% of Husband's net monthly income.
On April 5 the North Carolina Court of Appeals reversed the trial court in Brady v Brady after finding an award representing 80% of Husband's net income was not reasonable.
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March 31 2022
Can the Family Court "break" a Trust if there are allegations that it is illusory?
Recently there was a claim made in the Charleston Family Court that an overseas Trust was fraudulent and being used to hide marital assets.
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