Divorce for Seniors

Recent studies have revealed that divorce is no longer for the young. Couples that are over the age of 50, even over 60 and beyond, are now divorcing at an ever-increasing rate. Issues that arise in a separation and divorce for those that have been married for over 30 sometimes 40 years are often times different than the issues for people that have been married for less than 20 years. Depending on the stage of the marriage, at Law Firm Carolinas our board-certified family law attorneys, Carole R. Albright and T. Keith Black, and our associate attorneys, John Boschini and … Continue reading

When Does My North Carolina Child Support Obligation End?

Each parent has a duty to support their minor children. As most of us know, when the parents no longer live together the parent that has the child most of the time has the right to request child support from the other parent. An Order for child support is often entered by the Court requiring that one parent pay the other parent a monthly amount for support of the child or children. So, the question is then raised: When does my obligation to pay child support in North Carolina end? North Carolina General Statute Section 50-13.4 states that the Order terminates automatically when … Continue reading

HE/SHE JUST WON’T LEAVE…what to do if the marriage is broken and you have children?

Many times when I have met with clients in Greensboro or Charlotte the first question that is asked is “How do I get my Husband or Wife to leave the home because I need to stay there for the children?” Absent proof of “domestic violence,” what can be done? If the home is owned by both or really even just one of the parties, getting the separation to occur often times is very difficult especially if the “other” party does not want the separation or even if he or she is willing to end the marriage they simply don’t want … Continue reading

BRANDED WITH THE “SCARLET A”: What effect does Adultery have on your Equitable Distribution Claim?

Your spouse has confronted you with evidence that confirms that you have been having an affair. Does this mean that she/he gets everything from the marriage…all your hard earned dollars, your home and other property? Does it mean that you will have to start over from scratch? The simple answer is NO. Adultery, whether you are the adulterer or the wronged spouse, is not a factor set out by law as having any effect or relevance to equitable distribution of the property that you have acquired during the marriage. North Carolina General Statute 50-20 and following establishes what property is … Continue reading

What Does “Best Interest of the Child” Mean in a Child Custody Action?

What does “BEST INTEREST OF THE CHILD” really mean? For many lawyers this is the catch phrase that we tell our new clients when we are asked the following question: “How does a Judge decide where my child will live?” It is a phrase that seems simple yet like an onion when it is peeled back it reveals many layers that are neither set in concrete or consistent in weight. I explain to me clients that a Judge will be concerned about a number of different factors and they are as follows, in no particular order of importance and by … Continue reading

When is a Limited Driving Privilege not a Privilege to Drive?

When a person finally reaches the age that he/she is qualified to receive a Driver’s License from the State of North Carolina he or she sees the opportunity for freedom from parental control and interference…at least that is what my children envisioned. I, as the parent, despite the dangers of driving enjoyed the freedom from car pools, endless trips to school, doctors’ appointments, tutoring lessons and sports practices. However a License is just a privilege to drive and is subject to revocation by the Department of Motor Vehicles under a variety of statutes, rules and regulations. Recently, I represented a … Continue reading