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

Why Do I Have to Pay Child Support if I Can’t See My Child?

One of the most common questions I receive as a family law attorney is: “The mother/father of my child isn’t letting me see them, so why do I have to pay child support?” In North Carolina, as in many other states, child support is a separate issue from custody arrangements. It’s not uncommon for one parent to withhold custody from the other, leaving many wondering why child support payments are still required in such circumstances. In this blog post, I will explore the legal perspective in North Carolina and shed light on why child support obligations persist even when custody … Continue reading

Understanding Emergency Ex Parte Child Custody Claims

Child custody matters can be complex and emotionally charged. In some situations, immediate action may be required to protect the best interests of a child. When faced with emergencies, a legal avenue available to parents or guardians in North Carolina is the Emergency Ex Parte Child Custody Claim. What is an emergency ex parte child custody claim, when it can be filed, and how does the process work to help you understand your legal rights and options? What Is an Emergency Ex Parte Child Custody Claim? An Emergency Ex Parte Child Custody Claim is a legal request made to the … Continue reading

Does My Spouse Have to Pay for Half of My Student Loans in North Carolina?

It should come as no surprise that more and more people are going to college. According to the Education Data Initiative (EDI), 40% of 18-24 year olds attend at least some kind of post-high school education. And with higher enrollment rates comes more and more student loan debt, and North Carolina is no exception. Also according to the EDI, borrowers in North Carolina borrow an average of $38,134 to attend college, and the number is even higher for advanced degrees such as law, medical and graduate programs. These ever-increasing student loans are carried into, or taken out during, marriage. One … Continue reading

5 Law Firm Carolinas Attorneys Recognized in The Best Lawyers in America

Five attorneys at Law Firm Carolinas have been named to the 2024 Edition of The Best Lawyers in America. Carole Albright, who is a Board Certified Specialist in Family Law, has been recognized in the practice of Family Law. Keith Black, who is a Board Certified Specialist in Family Law, has been recognized in the practices of Family Law and Family Law Mediation. Steven Black, who is a Board Certified Specialist in Residential Real Estate, has been recognized in the practice of Real Estate Law and Community Association (HOA and condo) Law. Jim Slaughter has been recognized in the practices … Continue reading

What Happens to the House in a Divorce or Separation

In many marriages, the largest asset is the marital home. Not only does it have significant financial value, it usually has great sentimental value for the owners. If you are separating and looking towards divorce, one of the first decisions separating you will have to make is who is moving out of the home. In North Carolina, neither party can “kick out” or “lock out” the other party absent a court order or agreement so sometimes the hardest part of separating is actually getting separated. Before or after separation, however, you and your spouse can settle some or all of their marital … Continue reading

Law Firm Carolinas Named to Fast 50 List

Law Firm Carolinas has been named by the Triad Business Journal to its “Fast 50 List,” which consists of the 50 fastest growing businesses in the Triad. It is the firm’s third recognition on the Fast 50 list. Managing Partner Carole Albright points to several examples of the firm’s growth over the past three years, including the purchase of a larger Charlotte office, renovations in the Greensboro office, and the opening of several new offices, for six total—Greensboro, Charlotte, Raleigh, Wilmington, Columbia (SC), and Greenville (SC). Partner Jon Raymer accepted the firm’s Fast 50 recognition at the Business Journal’s recognition … Continue reading

Avoiding (or Enforcing) a Postnuptial Agreement

Did you sign a postnuptial or postmarital agreement at some point during your marriage and do not believe the terms are fair?  Are you and your spouse getting separated or divorced and you want to understand the effects of a postnuptial agreement?  Although post marital agreements are difficult to set aside, there are ways to attack them in family court if you were pressured to sign, or the terms are wholly unfair, or you waived certain marital rights.  Similarly if your spouse is refusing to comply with a postnuptial agreement that you believe is fair, there are ways to enforce … Continue reading

Law Firm Carolinas: New Shareholder, Partners, Offices and Lawyers

Law Firm Carolinas announces the following changes: Harmony Taylor, who is in the Charlotte office and practices community association (HOA and condo) law and civil litigation, has been named a Shareholder. Three attorneys have been named Partners: Joe Thompson, who practices residential and commercial real estate, and David Wilson, who practices North and South Carolina community association (HOA and condo) law, both from the Charlotte office; and Jon Raymer, who practices commercial and residential real estate, from the Greensboro office. There have also been several recent additions to the firm: Nancy Guyton and Hunt Harris have joined the Wilmington office. … Continue reading

New Firm Name & Partners

New Firm Name The law firm of Black, Slaughter & Black, PA will now be doing business as Law Firm Carolinas. The firm, which practices in North and South Carolina, has four offices: Greensboro, Charlotte, Triangle (Garner) and Coastal (Wilmington). New Partners In addition, three attorneys have been named partners in the firm: Jennifer Ruby, who does general civil litigation, business litigation and appeals. Ruby is a graduate of the University of North Carolina at Chapel Hill (2006) and Elon University School of Law (2010) and is based in the Greensboro office. Michael Taliercio, who manages the firm’s HOA/condo assessment … Continue reading

Can You Help Your Attorney Get Ready for Your Child Custody Trial?

Yes! Having a well-respected family law attorney represent you in a custody case is an important step but your children are the most important people in your life so hiring an attorney should not be your last step.  First, discuss all of your goals and concerns with your attorney.  Second, provide your attorney with as many facts regarding your history with the children as possible. Third, provide your attorney with a list of witnesses who can testify about your positive relationship with your children.  Good witnesses are teachers, coaches, neighbors and friends you spend a lot of time with, and … Continue reading

What Does it Mean to “Serve” Divorce Papers?

To get divorced in North Carolina a lawsuit has to be filed with the courts and served (meaning formally delivered) to your spouse.  There are three (3) primary ways to serve someone with divorce papers:  by sheriff, certified mail or acceptance of service.  If you do not know where your spouse is staying or working or you have tried all possible leads and you have been unable to get them served, you will need to publish a notice in the local newspaper where your spouse was last known to be living.  This process is called Notice by Publication.  Once you … Continue reading

I Want a Divorce…Does My Spouse Have to Agree?

You do not have to have your spouse’s consent to obtain a divorce; however, there are several facts that must exist in order to get divorced.  In North Carolina, a husband or wife can file for divorce so long as the parties have been physically separated for more than a year with at least one of the parties intending to remain separate and apart, at least one of you has been a citizen and resident of the State of North Carolina for at least 6 months prior to filing the action and the other spouse is not an active member … Continue reading

Can a Parent Withhold Custody Because of the Coronavirus?

I have been asked by several clients if they or the other parent can keep their child or children from visiting with the other parent if they are concerned about the Coronavirus. Since the impact of COVID-19 is unprecedented, there are no hard and fast rules but first and foremost, if your custody terms are in a court order, you should follow the terms of the order. Neither party is allowed to unilaterally change or violate the terms of the court’s order. If the child has been exposed to the coronavirus, then the parents should discuss whether the exchange can … Continue reading

Are Child Custody Exchanges Permitted While Stay at Home/Shelter in Place Orders Are in Effect?

In most if not all counties in North Carolina, including Guilford, Mecklenburg, New Hanover and Wake County, travel for purposes of exchanging children pursuant to a custody agreement or court order is permitted. You should check your particular county’s Shelter in Place policy, but most likely exchanges for purposes of exercising custodial agreements are permitted. If Shelter in Place rules prevent you from exchanging at the location designated in your agreement such as inside a restaurant or at a local park that is closed, you may need to move the designated meeting place to another spot. Be sure to communicate … Continue reading

Greensboro and Charlotte North Carolina Probate in the Midst of Coronavirus

While things have generally slowed down during this pandemic, the Courts have remained open to certain departments that simply cannot be put on hold. Two of these include: (1) Estates – this is where Probate Estates are administered, Spousal Allowance applications are processed and other similar matters. Probate is the court-supervised legal process that gives someone (executor or administrator) the authority to administer an estate. Administering the estate includes gathering the assets of the deceased person, paying the taxes and final bills and at the end distributing any remaining assets to the beneficiaries named in the Will or set out … Continue reading

Best Lawyers Recognition 2020

Law Firm Carolinas and two of its attorneys have been named to the 2020 US News Best Lawyers in America. Jim Slaughter has been recognized by Best Lawyers in the practices of Community Association Law and Real Estate Law. Keith Black has been recognized by Best Lawyers in the practice of Family Law. Law Firm Carolinas is again the only firm in North Carolina with a listing of “Community Association Law.”

New Firm Facebook Page

Law Firm Carolinas has a new Facebook page where you can keep up with firm activities, read recent blogs, and find out where attorneys are speaking (and includes a photo from this morning’s Piedmont Education Breakfast where Steve Black spoke on Declaration Amendments: Pandora’s Box)? The new page can be found at www.facebook.com/BlackSlaughterBlack. We ask that you follow it, like it, and share it!

Parental Liability

A Guide for North Carolina & South Carolina Parents As the mother of two young children, I would like to think that my kids will always follow the rules, obey the law, and make good decisions.  The realist in me knows, however, that they won’t always act as they should or as they’ve been taught.  So what is my liability or legal exposure for the conduct of my children?  Can I be held financially responsible for their wrongdoing? Generally speaking, parents are not required to act as insurers against wrongs, harms, or damages inflicted by their children.  This maxim, however, … Continue reading

It’s Not Over Until It’s Over

If you are separated or you’re considering separating from your husband or wife in North Carolina, one of the first questions you’ll get from an attorney is “what was your date of separation?”  One of the reasons is that spouses are presumptively entitled to one-half of all “marital property.”  Marital property includes real estate, bank accounts, vehicles and even lottery tickets that are acquired with marital funds or by marital efforts from the date of marriage to the date of separation. You may have read recently that a Michigan man who bought a Mega Million lottery ticket prior to separating … Continue reading