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Child Abuse and Neglect in North Carolina

By North Carolina statute, anyone who has reason to believe a child is being abused must make a report to CPS (Child Protective Services).  This also applies to suspected neglect or dependency upon the state when a child is abandoned.  The identity of a person who reports suspected child abuse is sealed by the State so that […]

Why Can’t We Use the Same Attorney If We Both Agree?

This is a question I often hear during consultations. The potential client may say they agree on everything and don’t want to pay for a second attorney. Depending on the circumstances, there are at least two main reasons a family law attorney usually can’t take a case for both parties. One reason is that representing […]

My Ex Is Using the Attorney That I’m Paying For?!

The Attorney Client Relationship Clients can be resentful that their attorney is wasting time dealing with the pro se person. In most family law cases, each person has an attorney. When the other person is pro se, Latin for representing himself or herself, lawyers aren’t working for the pro se person and charging you for […]

Can My Ex Look at My Credit Report?

The Problem: Hide the Ball The short answer: No! He or she can’t legally access your credit report without your permission. When I begin representing a client, I suggest he or she pull a recent credit report because that is the only way to identify whose name is on what account. I generally don’t need […]

Businesses in NC Marital Property Division Cases

In equitable distribution cases when the court divides marital property, a business ownership interest is an asset to be identified, classified, valued and distributed to (usually) one of them. Like any asset, it might be marital property or separate property and it may be distributed to either spouse if it is marital. The scope of […]

Is My Attorney Friends with My Ex’s Attorney?

When I was a law student, I remember tagging along with my mentor for a trial and being shocked that he was talking and joking with the attorney who represented the opposing party before court. In my mind, court was a war and the opposing party was the enemy. It wasn’t until I began trying […]

Is Your Attorney Listening?

The trail of emotional destruction that follows the breakup can be immense and long-lasting. Being distressed and angry is completely normal. In fact, as I tell people who end up at my office during a consult, you wouldn’t be normal if you weren’t! Family disputes are painful. Depression is common when people suffer a breakup, […]

Medical Records in Family Law Cases

In family law cases, a party may seek medical records for several reasons, perhaps to show whether someone is able to work in child support and alimony cases. Another common reason for requesting them is during child custody case to show whether a parent is physically able to care for a child, or whether a […]

Is Your Life an Open Book? Quashing Subpoenas

Subpoenas require witness to appear at the courthouse to testify and/or produce evidence such as “records, books, papers, documents, electronically stored information, or other tangible things.” (NC Subpoena form). Although people sometimes call it squashing, the motion to quash a subpoena has nothing to do with the yellow vegetable with the same name. Instead, it is a […]

The Spirit of the Law: Enforcing Orders in Family Law Cases

When someone willfully disobeys an order, the other party has the right to file a motion asking the court to hold him or her in contempt of court. If the judge decides the person has willfully disobeyed the order, he or she has numerous remedies to correct the problem, up to and including incarceration. When […]