North Carolina Law Blog

Fayetteville is a great place to live and raise a family, but sometimes life throws us a curveball. Maybe you and your spouse have decided to go your separate ways. Even in the most amicable of circumstances, we think it’s important to hire a divorce lawyer in Fayetteville as soon as possible. Prior to moving…

VICTIMS of Domestic Violence – 50B Domestic Violence Protection Orders in Fayetteville: What You Need to Know If you are a victim of domestic violence, one of the most important things you can do is seek protection. This may come in the form of a Domestic Violence Protection Order (DVPO). In this blog post, we…

Accusations of discharging a “barreled weapon” are serious criminal charges. As set forth in NCGS Chapter 14-34.1, shooting into occupied vehicle charges in Fayetteville (and buildings, structures, aircraft, etc.) are felony criminal allegations. The law is intended to be broadly applied. It includes a wide range of “conveyances” and enclosures, devices, and equipment. The purpose…

Criminal charges in North Carolina are subject to special protections and rules of court. One of those is the right to a trial by jury. The right to a jury trial is deemed “fundamental” to a fair trial and true justice. In fact, the right to a jury trial in the United States is specifically…

Grandparents Rights Lawyers in Fayetteville NC The North Carolina Court of Appeals in Alexander v Alexander ruled on March 16, 2021 the NC Grandparent visitation law violated a mother’s constitutional rights. In the published decision by Judge Dillon, the Court analyzes issues including: The North Carolina Grandparents Rights – Visitation Statutes NCGS 50-13.2(b1) and NCGS…

The Juvenile Code in North Carolina, within Chapter 7B of the General Statutes, sets forth the protocols associated with the removal of a child from an unfit parent and allegations of Neglect, Dependency, and/or Abuse. Removal of a child or children from an “unfit parent” requires formal findings regarding a concurrent long term permanency placement.…

Getting a divorce in North Carolina can be a long and complicated process. First, parties must be legally separated for one year prior to filing for divorce. Once eligible to file for divorce, the process of finalizing everything (alimony, property division, child custody) can take substantially longer. Before embarking on this emotionally draining and life…

General Statute § 50-13.1 controls the filing of child custody cases in North Carolina. It provides as follows: “Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided.” Ordinarily, child custody…

The decision on which State to file for custody is determined by the Uniform Child Custody Jurisdiction Act (UCCJEA). Whether North Carolina is the appropriate state to file for custody may depend on whether the Court is making a decision for the first time (initial custody decision) or whether a party is seeking to modify…

If you are getting a divorce, it is important to know what property the Court is likely going to give to you and what property your former spouse is going to get from the Court. North Carolina’s process of dividing property between spouses is known as equitable distribution. Equitable distribution is governed by North Carolina…